Telebrands Corp. v. HM Import USA Corp.

Filing 82

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Ordered by Judge Eric N. Vitaliano on 8/31/2012. Forwarded for judgment. (Siegfried, Evan)

.

'

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

-----------------------------------------------------------------)[
TELEBRANDS CORP.,

MEMORANDUM & ORDER
Plaintiff,
09-cv-3492 (ENV) (RLM)
-againstHM IMPORT USA CORP. and
JUNWU ZHANG,
Defendants.
_________________________________________________________________ )[

VITALIANO, D.J.
PlaintiffTelebrands Corporation, Inc. filed a complaint against defendants HM Import
USA Corp. and Junwu Zhang on August 12, 2009, alleging trademark, copyright, and patent
infringement. Foliowing discovery, plaintiff moved for summary judgment on liability and
damages. In response to that motion, defendants conceded liability. In light of defendants'
concession, this Court referred the case to Magistrate Judge Roanne L. Mann for an inquest on
damages and a determination as to whether defendants' infringement was willful. Plaintiff timely
filed its submissions on inquest, but defendants failed to make any submission at all or otherwise
further defend this action.
Following a review on inquest of the relevant submissions, Judge Mann issued a Report
and Recommendation ("R&R") on July 26, 2012 (Dkt. No. 80), recommending that the Court
award plaintiff $600,000 in statutory damages under the Lanham Act, $30,000 under the
Copyright Act, $170,571 in attorneys' fees, and $17,734.89 in costs. 1 No objections to Judge
Mann's R&R have been filed.
1

Magistrate Judge Mann's recommendation was based on a finding of defendants' willful
infringement.
I

In reviewing a report and recommendation, the court "may accept, reject, or modify, in
whole or in part, the findings and recommendations made by the magistrate judge." 28 U.S.C.
§ 636(b)(I )(C). However, in order to accept a magistrate judge's report and recommendation

where no timely objection has been made, the "court need only satisfy itself that there is no clear
error on the face of the record." Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y.
2001) (quoting Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)).
After careful review of all the evidence in the record below, the Court finds Judge Mann's
R&R to be correct, comprehensive, well-reasoned, and free of any clear error. The Court,
therefore, adopts the R&R in its entirety as the opinion of the Court. Accordingly, for the reasons
stated in the R&R,judgment shall enter against defendants in the amount of$818,305.89, which
includes $600,000 in statutory damages under the Lanham Act, $30,000 under the Copyright Act,
$170,571 in attorneys' fees, and $17,734.89 in costs.
The Clerk is directed to enter judgment and to close this case.
}

SO ORDERED.
Dated: Brooklyn, New York
..-AUgUSt 31, 2012

s/ ENV
ERIC N. VITALIANO
United States District Judge

2