Ultratech International, Inc. v. Resource Energy Group, LLC. et al

Filing 63

ORDER adopting 62 Report and Recommendation; granting 61 Plaintiff's Motion for Default Judgment. The Clerk of the Court is directed to enter judgment in accordance with this Order and close the file. Motion for attorney's fees and costs due May 29, 2015. Signed by Judge Marcia Morales Howard on 4/27/2015. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
ULTRATECH INTERNATIONAL, INC.,
Plaintiff,
vs.

Case No. 3:14-cv-12-J-34JBT

RESOURCE ENERGY GROUP, LLC,
and AARON MILTON,
Defendants.
_____________________________

ORDER

THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 62;
Report), entered by the Honorable Joel B. Toomey, United States Magistrate Judge, on
March 30, 2015. In the Report, Magistrate Judge Toomey recommends that Plaintiff’s Motion
for Default Judgment Against Defendants Resource Energy Group, LLC (“REG”) and Aaron
Milton (“Milton”) (Dkt. No. 61; Motion) be granted to the extent set forth in the Report and that
the Clerk of the Court be directed to enter judgment and close the file. See Report at 20-23.
Defendants have failed to file objections to the Report, and the time for doing so has now
passed.
The Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no specific
objections to findings of facts are filed, the district court is not required to conduct a de novo
review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see
also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de

novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United
States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May 14,
2007).
Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1.

The Magistrate Judge’s Report and Recommendation (Dkt. No. 62) is

ADOPTED as the opinion of the Court.
2.

Plaintiff’s Motion for Default Judgment Against Defendants Resource Energy

Group, LLC and Aaron Milton (Dkt. No. 61) is GRANTED.
3.

The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Ultratech

International, Inc., and against Defendant Resource Energy Group, LLC, in the amount of
$72,233.74, plus costs pursuant to 28 U.S.C. § 1920. Post judgment interest will accrue at
the statutory rate set forth in 28 U.S.C. § 1961.
4.

The Clerk of Court is further DIRECTED to enter judgment in favor of Plaintiff

Ultratech International, Inc., and against Defendant Resource Energy Group, LLC, and
Defendant Aaron Dale Milton as follows:
Defendants Resource Energy Group, LLC and Aaron Dale Milton, and their
principals, agents, servants, employees, officers, attorneys, successors and
assigns, and all persons, entities, firms, and corporations acting in privity,
concert, or participation with them, who receive actual notice of this judgment
by personal service or otherwise, are permanently enjoined:

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(a) from directly or indirectly infringing or using in any way the "Ultra" mark in
any manner, including use of the name "Ultra Ever Dry" in any manner or form
whatsoever, including using Plaintiff’s names and trademarks in internet
adword purchases, website domains or subdomains, and using Plaintiff’s
names and trademarks in keywords, source codes or metadata associated with
any website owned or controlled by Defendants;
(b) from manufacturing, distributing, selling, offering for sale, holding for sale
or advertising any products, merchandise or goods bearing the name,
trademark, or likeness of UltraTech's Ultra Ever Dry products;
(c) from representing that any products, merchandise or goods manufactured,
distributed, sold, held for sale, or advertised by REG are sponsored, authorized
by or related to UltraTech;
(d) from engaging in any conduct that tends to falsely represent, or is likely to
confuse, mislead, or deceive members of the purchasing public to believe that
REG and any products sold or marketed for sale by REG are in some way
connected, affiliated, sponsored, approved, or licensed by UltraTech or "Ultra
Ever Dry";
(e) from interfering with UltraTech's rights in, or use of, the "Ultra" mark,
including the name "Ultra Ever Dry"; and
(f) from infringing UltraTech's "Ultra" or "Ultra Ever Dry" mark or damaging
UltraTech's business, reputation or goodwill.
Additionally, Defendants Resource Energy Group, LLC and Aaron Dale Milton,
and their principals, agents, servants, employees, officers, attorneys,
successors and assigns, and all persons, entities, firms, and corporations
acting in privity, concert, or participation with them, are hereby ordered:
(a) to promptly remove and discontinue all literature, advertisements,
descriptions, videos and depictions on any of its websites, social media pages,
in its catalogues and in any other marketing materials, trade show displays,
and the like which show or depict any name, trademark or such product of
UltraTech including "Ultra Ever Dry";
(b) to promptly disclose to UltraTech the company names, individuals and
contact information of all customers who have paid REG for Ultra Ever Dry but
never received such product from REG;

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(c) to promptly disclose the company names, individuals and contact
information of all customers to whom REG sent emails, tweets, letters,
facsimiles, or other communications since June 27, 2013 which mention or
refer to "UltraTech" or "Ultra Ever Dry";
(d) to promptly take all acts necessary to permanently assign to UltraTech the
rights and use of its website www.ultraeverdrystore.com.

5.

The Clerk of the Court is further directed to terminate any pending motions and

close the file.
6.

Plaintiff may file a motion for attorney’s fees and costs on or before May 29,

2015.
DONE AND ORDERED at Jacksonville, Florida, this 27th day of April, 2014.

ja
Copies to:
Honorable Joel B. Toomey
United States Magistrate Judge
Counsel of Record
Resource Energy Group, LLC
c/o Aaron Milton
2920 Hagar Lane
Unit 2
Glenwood Springs, CO 80601
Aaron Milton
2920 Hagar Lane
Unit 2
Glenwood Springs, CO 80601
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