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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MAGPUL INDUSTRIES CORP.,

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For the Northern District of California

United States District Court

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No. C 14-01556 JSW

Plaintiff,
v.
TONG ZEJUN, et al.,
Defendants.
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ORDER ADOPTING REPORT
AND RECOMMENDATION ON
PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT

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This matter comes before the Court upon consideration of the Report and

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Recommendation (“Report”) prepared by Magistrate Judge Vadas (ECF No. 72), in which

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he recommends that the Court grant Plaintiff’s motion for default judgment (ECF No. 63), and

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enter judgment against Defendant Tong as follows:

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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

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case. The Court finds the Report thorough and well reasoned and adopts it in every respect.

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Accordingly, the Court GRANTS Plaintiff’s motion for default judgment.

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IT IS SO ORDERED.

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Dated: December 16, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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