MGM Resorts International v. Unknown Registrant of www.imgmcasino.com

Filing 24

ORDER Accepting and Adopting 22 Report and Recommendation, to the extent that it is not inconsistent with this Order. IT IS FURTHER ORDERED that MGM'S 18 Motion for Default Judgment and Permanent Injunction is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that MGM's request for Default Judgment is GRANTED.IT IS FURTHER ORDERED that MGM is awarded the maximum statutory damagesagainst Defendant in the amount of $100,000.00 and postjudgment interest on the principal sum at the judgment rate from the date of entry of the Judgment until paid in full.IT IS FURTHER ORDERED that MGM's request for a permanent injunction is DENIED.IT IS FURTHER ORDERED that the infringing domain name, <www.imgmcasino.com>, shall be transferred to Plaintiff.Signed by Chief Judge Gloria M. Navarro on 9/23/15. (Copies have been distributed pursuant to the NEF - PS)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

MGM RESORTS INTERNATIONAL,

)
)
)
)
)
)
)
)
)
)

4

Plaintiff,

5

vs.

6
7

UNKNOWN REGISTRANT OF
WWW.IMGMCASINO.COM,

8

Defendant.

9

ORDER

Pending before the Court is the Repor

10
11

Case No.: 2:14-cv-1613-GMN-VCF

Magistrate Judge Cam Ferenbach. (ECF No. 22). Plaintiff MGM Resorts International
), to which Defendant Unknown Registrant of

12
13

www.imgmcasino.com

14

Court will adopt Judge Ferenbach

15

I.

did not respond.1 For the reasons discussed below, the

BACKGROUND
The Court accepts the Magistrate Judge s recitation of the background facts as stated in

16
17

the R&R and adopts them. Judge Ferenbach recommended that the Court enter default

18

judgment against Defendant, award statutory damages to Plaintiff, and

19

for a permanent injunction. (R&R 23:7-13, ECF No. 22). Plaintiff filed an objection only to the

20

recommendation that the Court deny the request for a permanent injunction. (ECF No. 23).

21

II.

LEGAL STANDARD
A party may file specific written objections to the findings and recommendations of a

22
23

United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B);

24

D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo

25
1

nse was due August 7, 2015, ten

Page 1 of 4

s objections were filed. LR IB 3-2(a).

1

determination of those portions of the Report to which objections are made. Id. The Court may

2

accept, reject, or modify, in whole or in part, the findings or recommendations made by the

3

Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b).

4

III.

DISCUSSION

5

A. Permanent Injunction

6

Plaintiff objects to Judge Fe

7

against Defendant. To obtain a permanent injunction, a plaintiff must show:

8

suffered an irreparable injury; (2) that remedies available at law, such as monetary damages,

9

are inadequate to compensate for that injury; (3) that, considering the balance of the hardships

10

between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public

11

interest would not be dis

12

Q.R.T.M., S.A. de C.V., 762 F.3d 867, 879 (9th Cir. 2014).

13

harm must be demonstrated to obtain a permanent injunction in a trademark infringement

14

action. Herb Reed Enterprises, LLC v. Florida Entm t Mgmt., Inc., 736 F.3d 1239, 1249 (9th

15

Cir. 2013) cert. denied, 135 S. Ct. 57 (2014).

16

La Quinta Worldwide LLC v.

grounded in platitudes rather than evidence

17

[A]ctual irreparable

Id. At 1250.2

Plaintiff maintains that it has shown actual irreparable harm because it has submitted a

18

declaration stating,

19

represented by the MGM mark . . . this loss of control over its goodwill and reputation is

20
21

(Chaparian Decl. ¶ 17, ECF No. 7). The Court must take
allegations as true in a default judgment. Geddes v. United Fin. Grp., 559 F.2d 557, 560 (9th

22
23
24

2

Although the plaintiff in Herb Reed requested a preliminary injunction rather than a permanent injunction, the
Ninth Circuit has found that the standard for preli
Herb Reed, 736 F.3d at 1249 (citing Amoco Prod. Co. v. Village of Gambell, 480 U.S. 531, 546 n.12
(1987)).

25

Page 2 of 4

1

Cir. 1977). However, a default judgment does not relieve Plaintiff of its burden to provide

2

factual allegations for the Court to take as true. Merely stating that Plaintiff has suffered

3

irreparable harm is not a demonstration of irreparable harm as required by the Ninth Circuit.

4

Herb Reed Enterprises, LLC, 736 F.3d at 1249. Thus, Plaintiff has provided the Court only

5

with conclusory assertions rather than a sufficient factual basis to support a permanent

6

injunction. Accordingly,

or a permanent injunction is denied.

7

B. Transfer of the Domain Name

8

One issue remains to be addressed: Plaintiff asks the Court to order the transfer of the

9

infringing domain. Courts may use their discretion to determine whether to transfer domain

10

names to the trademark owners in cybersquatting cases. 15 U.S.C. § 1125(d)(1)(C). Based on

11
12

<www.imgmcasino.com>, to Plaintiff is appropriate.

13

IV.

14
15
16
17
18
19
20

CONCLUSION
IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 22), is

ACCEPTED and ADOPTED to the extent that it is not inconsistent with this Order.
IT IS FURTHER ORDERED

ment and

Permanent Injunction, (ECF No.18), is GRANTED in part and DENIED in part.
IT IS FURTHER ORDERED

request for default judgment is

GRANTED.
IT IS FURTHER ORDERED that MGM is awarded the maximum statutory damages

21

against Defendant in the amount of $100,000.00 and postjudgment interest on the principal sum

22

at the judgment rate from the date of entry of the Judgment until paid in full.

23
24
25

IT IS FURTHER ORDERED

st for a permanent injunction is

DENIED.
IT IS FURTHER ORDERED that the infringing domain name,

Page 3 of 4

1

<www.imgmcasino.com>, shall be transferred to Plaintiff.

2

The Clerk of the Court shall enter judgment accordingly and close the case.

3

DATED this 23rd day of September, 2015.

4
5
6
7

___________________________________
Gloria M. Navarro, Chief Judge
United States District Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Page 4 of 4