Magpul Industries Corp. v. John Does 1-10

Filing 74

ORDER ADOPTING 72 REPORT AND RECOMMENDATIONS ON 63 MOTION for Default Judgment by the Court. Signed by Judge JEFFREY S. WHITE on 12/16/14. (jjoS, COURT STAFF) (Filed on 12/16/2014)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 MAGPUL INDUSTRIES CORP., 11 For the Northern District of California United States District Court 10 12 13 14 No. C 14-01556 JSW Plaintiff, v. TONG ZEJUN, et al., Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION ON PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT 15 16 This matter comes before the Court upon consideration of the Report and 17 Recommendation (“Report”) prepared by Magistrate Judge Vadas (ECF No. 72), in which 18 he recommends that the Court grant Plaintiff’s motion for default judgment (ECF No. 63), and 19 enter judgment against Defendant Tong as follows: 20 21 22 23 24 25 26 27 28 Tong, and those acting at his direction, be forever enjoined from: (1) using Magpul’s trademarks in connection with the sale of any unauthorized goods; (2) infringing upon the Magpul Marks; (3) unfairly competing with Magpul; (4) falsely representing themselves as being connected with Magpul; (5) using any reproduction, counterfeit, copy or colorable imitation of Magpul’s trademarks in connection with publicity, promotion, or sale of goods, and; (6) affixing, applying, annexing, or using in connection with the sale of any goods, a false description or representation that describe or represent such goods as being those of Magpul; and $120,000.00 in monetary damages. (ECF No. 72 at 13.) The deadline for filing objections to the Report has passed, and neither party has filed objections. The Court has considered the Report, relevant legal authority, and the record in this 1 case. The Court finds the Report thorough and well reasoned and adopts it in every respect. 2 Accordingly, the Court GRANTS Plaintiff’s motion for default judgment. 3 4 IT IS SO ORDERED. 5 6 Dated: December 16, 2014 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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