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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 ) ) ) Plaintiff, ) ) v. ) PRO-FORM.COM, internet domain name,) ) ) Defendant. ) ICON Health & Fitness, Inc., No. CV-15-1981-PHX-SMM (BSB) ORDER 15 Pending before the Court is Magistrate Judge Bridget S. Bade’s Report and 16 Recommendation recommending that Plaintiff’s Amended Application for Default Judgment 17 (Doc. 33) be granted and that the Court enter an order directing that the domain name 18 registrar, GoDaddy, LLC (“GoDaddy”) transfer the domain name pro-form.com1 to Plaintiff. 19 (Doc. 33.) 20 21 After considering the Report and Recommendation, the Court will grant Magistrate Judge Bade’s recommendation. STANDARD OF REVIEW 22 23 The Court “may accept, reject, or modify, in whole or in part, the findings or 24 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v. Sullivan, 25 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service of a copy 26 of the Magistrate’s recommendation within which to file specific written objections to the 27 Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a Magistrate Judge’s 28 1 The Court will use italics to designate the use of an internet domain name. 1 recommendation relieves the Court of conducting de novo review of the Magistrate Judge’s 2 factual findings and waives all objections to those factual findings on appeal. See Turner v. 3 Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate Judge’s legal 4 conclusion “is a factor to be weighed in considering the propriety of finding waiver of an 5 issue on appeal.” Id. DISCUSSION 6 7 Having reviewed Magistrate Judge Bade’s Report and Recommendation, the Court 8 hereby approves, incorporates, and adopts the Magistrate Judge’s Report and 9 Recommendation. CONCLUSION 10 11 Accordingly, for the reasons set forth, 12 IT IS HEREBY ORDERED approving, incorporating, and adopting the Report and 13 14 15 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.) 16 IT IS FURTHER ORDERED that the following requirements are hereby ordered: 17 The Court directs GoDaddy, LLC, the domain name registrar, to transfer the 18 19 20 21 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. 22 23 24 25 26 27 28 -2-

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