Mountz, Inc. v. Northeast Industrial Bolting and Torque, LLC.

Filing 28

Order Adopting Report and Recommendation, Dkt. No. 23. Signed by Judge James Donato on 11/14/2016. (jdlc3S, COURT STAFF) (Filed on 11/14/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MOUNTZ, INC.,
Plaintiff,

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Case No. 3:15-cv-04538-JD
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
NORTHEAST INDUSTRIAL BOLTING
AND TORQUE, LLC.,

Re: Dkt. No. 23

United States District Court
Northern District of California

Defendant.
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The Court has reviewed Magistrate Judge Maria-Elena James’ report and recommendation,

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recommending that a default judgment be entered against defendant Northeast Industrial Bolting

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and Torque, LLC (“NIB” or “Defendant”), that a permanent injunction be entered, and that

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plaintiff’s motion for fees and costs be denied without prejudice. No objections have been filed in

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response to the report, and the time to file objections has expired. See Fed. R. Civ. P. 72(b).

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The Court agrees that it may exercise personal jurisdiction over NIB, that a default

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judgment is appropriate, that a permanent injunction is appropriate, and that plaintiff’s motion for

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fees should be denied without prejudice. Consequently, the Court adopts the report and

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recommendation of Magistrate Judge James in full, and enters the following permanent injunction:

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Defendant, its officers, agents, servants, employees, and attorneys, and those persons in

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active concert or participation with Defendant who receive actual notice of this Order by personal

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service or otherwise shall permanently:

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1. Cease all use and never use the “Torque Tool Specialist” mark, or any other mark likely

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to cause confusion with the Mountz Mark (“The Torque Tool Specialists”), in connection with the

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promotion, advertising, offering for sale, or sale, of any products or services;

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2. Never use any false designation of origin, false representation, or any false or

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misleading description of fact, that can, or is likely to, lead the consuming public or individual

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members thereof, to believe that any products or services produced, offered, promoted, marketed,

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advertised, provided, or sold by Defendant are in any manner associated or connected with

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Mountz, Inc., or are licensed, approved, or authorized in any way by Mountz, Inc.;

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3. Never represent, suggest in any fashion to any third party, or perform any act that may

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give rise to the belief, that Defendants, or any of its goods or services, are related to, authorized

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by, or sponsored by Mountz, Inc.; and,

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United States District Court
Northern District of California

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4. Cease all advertising of products or services under the “Torque Tool Specialist” mark,
including but not limited to Defendant’s website and its vehicles.
IT IS SO ORDERED.
Dated: November 14, 2016

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JAMES DONATO
United States District Judge

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