Stanley Steemer International, Inc. v. Stanley Steam Carpet Cleaning et al

Filing 52

ORDER ADOPTING 50 REPORT AND RECOMMENDATIONS. Ordered by Judge Sandra L. Townes on 11/18/2014. Copy mailed to defendants. (Barrett, C)

G1 CLERKS OFFICE
U.5, DISTRICT COURT E.Djj 'r

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORK
NEW Y
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Stanley Steemer International, Inc.,

* NOV20 2014

4

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Plaintiff,
- against -

BROOKLYN OFFICE
ORDER ON R&R
12-cv-1653 (SLT) (VVP)

Stanley Steam Carpet Cleaning et al, et al.,
Defendants.-

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TOWNES, United States District Judge,
Plaintiff brought this action under the Federal Trademark Act of 1946 - known as the
Lanham Act - against numerous defendants, alleging defendants' unauthorized use of plaintiff's
trademarks, marks, and name. Plaintiff moved on August 28, 2013 for a default judgment
against defendants Stanley Steam Carpet Cleaning, Stanly Steam Carpet Cleaning, and ABC Rug
Carpet Cleaning (the "Defaulting Defendants"). (Docket No. 43.) Currently before the Court is
Magistrate Judge Viktor V. Pohoreisky's thorough and well-reasoned Report and
Recommendation ("R&R"), entered on October 28, 2014, which recommends that a default
judgment be entered against the Defaulting Defendants and that each be permanently enjoined
from using the name Stanley Steemer and trademarks for commercial purposes. (Docket No. 50).
The Defaulting Defendants have not filed any objections to the R&R.
A district court judge may designate a magistrate judge to hear and determine certain
motions pending before the Court and to submit to the Court proposed findings of fact and a
recommendation as to the disposition of the motion. See 28 U.S.C. § 636(b)(1). Within fourteen
days of service of the R&R, any party may file written objections to the report. See id. Upon de
novo review of those portions of the record to which objections were made, the district court
judge may affirm or reject the R&R. See id. The district court judge is not required to review
the factual or legal conclusions of the magistrate judge as to those portions of the R&R to which

no objections are addressed. See Thomas v. Am, 474 U.S. 140, 150 (1985).

In addition, failure

to file timely objections may waive the right to appeal this Court's Order. See 28 U.S.C. §
636(b)(1); Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989).
In this case, on October 28, 2014, Judge Pohorelsky recommended that this Court enter a
judgment of default against each of the Defaulting Defendants and permanently enjoin each from
using the name Stanley Steemer and trademarks for commercial purposes. Objections to the
R&R were due by November 12, 2014. No objections were filed with this Court. Upon review
of the recommendation, this Court adopts and affirms the Judge Pohorelsky's R&R.
SO ORDERED.
/s/ Sandra L. Townes
SANDRA L. TOWNES
United States District Judge
Brooklyn, New York
Dated: November/, 2014

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