ICON Health & Fitness Incorporated v. Korhun

Filing 36

ORDER approving, incorporating, and adopting 34 of Magistrate Judge Bridget S. Bade. ORDERED granting Plaintiff's Amended Application for Default Judgment against Defendant pro-form.com. (Doc. 33 ) ORDERED that the following requirements a re hereby ordered: The Court directs GoDaddy, LLC, the domain name registrar, to transfer the registration for the Defendant domain name pro-form.com to Plaintiff. FURTHER ORDERED that the Clerk of Court is directed to enter judgment accordingly, and terminate this case. Signed by Senior Judge Stephen M McNamee on 10/20/17. (EJA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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v.
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PRO-FORM.COM, internet domain name,)
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Defendant.
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ICON Health & Fitness, Inc.,

No. CV-15-1981-PHX-SMM (BSB)

ORDER

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Pending before the Court is Magistrate Judge Bridget S. Bade’s Report and

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Recommendation recommending that Plaintiff’s Amended Application for Default Judgment

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(Doc. 33) be granted and that the Court enter an order directing that the domain name

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registrar, GoDaddy, LLC (“GoDaddy”) transfer the domain name pro-form.com1 to Plaintiff.

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(Doc. 33.)

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After considering the Report and Recommendation, the Court will grant Magistrate
Judge Bade’s recommendation.
STANDARD OF REVIEW

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The Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v. Sullivan,

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923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service of a copy

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of the Magistrate’s recommendation within which to file specific written objections to the

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Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a Magistrate Judge’s

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The Court will use italics to designate the use of an internet domain name.

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recommendation relieves the Court of conducting de novo review of the Magistrate Judge’s

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factual findings and waives all objections to those factual findings on appeal. See Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate Judge’s legal

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conclusion “is a factor to be weighed in considering the propriety of finding waiver of an

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issue on appeal.” Id.
DISCUSSION

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Having reviewed Magistrate Judge Bade’s Report and Recommendation, the Court

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hereby approves, incorporates, and adopts the Magistrate Judge’s Report and

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Recommendation.
CONCLUSION

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Accordingly, for the reasons set forth,

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IT IS HEREBY ORDERED approving, incorporating, and adopting the Report and

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Recommendation of Magistrate Judge Bridget S. Bade. (Doc. 34.)
IT IS FURTHER ORDERED granting Plaintiff’s Amended Application for Default
Judgment against Defendant pro-form.com. (Doc. 33.)

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IT IS FURTHER ORDERED that the following requirements are hereby ordered:

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The Court directs GoDaddy, LLC, the domain name registrar, to transfer the

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registration for the Defendant domain name pro-form.com to Plaintiff.
IT IS FURTHER ORDERED that the Clerk of Court is directed to enter judgment
accordingly, and terminate this case.
DATED this 20th day of October, 2017.

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