Centennial Elevator Industries, Inc. v. Centennial Elevators Ind., Corp. et al

Filing 11

PRELIMINARY INJUNCTION & MEMORANDUM: The court ADOPTS IN FULL the REPORT AND RECOMMENDATIONS, and accordingly, GRANTS Plaintiff's Motion for a Preliminary Injunction. Defendants are ENJOINED from using Plaintiff's trade nam e, Centennial Elevator Industries, Inc., or any derivations thereof, including Centennial Elevator Ind., Corp. or Centennial Elevator Industries, Inc., in commerce in any way during the pendency of this action. Defendants are further D IRECTED to notify the Secretary of State of the State of New York that they will no longer be doing business under the derivations of Plaintiff's trade name. Plaintiffs are ORDERED to serve a copy of this Order on Defendants or their counsel in person or by overnight mail (FED EX or UPS), on or before 11 :59 p.m., September 19, 2016. So Ordered by Judge Nicholas G. Garaufis on 9/16/2016. (Lee, Tiffeny)

D/F

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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CENTENNIAL ELEYATOR INDUSTRIES, INC.,
PRELIMINARY INJUNCTION
& MEMORANDUM

Plaintiff,
-against-

16-CV-4580 (NGG) (RML)

CENTENNIAL ELEVATORS IND., CORP.,
BRIAN CHILDRESS, Individually,
CENTENNIAL ELEVATOR INDUSTRIES, INC.,
and SEAN MORTON, Individually,
Defendants.

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NICHOLAS G. GARAUFIS, United States District Judge.
On August 17, 2016, Plaintiff Centennial Elevator Industries, Inc. filed this action against
Defendants Centennial Elevators Ind., Corp., Brian Childress, Centennial ElevatOr Industries,
Inc., and Sean Morton, alleging that Defendants are infringing upon Plaintiffs protected trade
name in violation of the Lanham Act, 15 U.S.C. § l 125(a) and (c), and various state laws. (See
Comp!. (Dkt. 1).) Also on August 17, 2016, Plaintiff moved for a temporary restraining order
('TRO") and a preliminary injunction restraining and enjoining Defendants from using the
Plaintiffs trade name, Centennial Elevator Industries, Inc., or any derivations thereof, including
Centennial Elevator Ind., Corp. or Centennial Elevator Industries, Inc. in commerce in any way.
(See id., Ex. 5 ("Mem. in Support ofMot. for Temp. Restraining Order and Prelim. Inj.").) The
same day, the court held a hearing on Plaintiffs request for a TRO. (See Aug. 17, 2016, Min.
Entry.) Defendants did not appear at the hearing. 1 The court granted Plaintiffs Motion for a
TRO, issued the TRO, and ordered Defendants to appear before Magistrate Judge Robert M.
Levy on August 29, 2016, to show cause as to why an order should not issue restraining and

1

Defendants received notice of the hearing. (See Comp!., Ex. 2.) Cf. Fed. R. Civ. P. 65(b)(l).

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enjoining Defendants from using Plaintiffs trade name, or any derivations thereof, in commerce
in any way during the pendency of the action. (See id.; Order to Show Cause and Temp.
Restraining Order (Dkt. 6).)2 By Order dated August 19, 2016, the court referred Plaintiffs
Motion for a Preliminary Injunction (Dkt. 7) to Judge Levy for a Report and Recommendation
("R&R") pursuant to 28 U.S.C. § 636(b)(l)(B) and Federal Rule of Civil Procedure 72(b)(l).
(See Aug. 19, 2016, Order Referring Mot.)
On August 29, 2016, Judge Levy conducted a hearing on Plaintiffs Motion.
(See Aug. 29, 2016, Min. Entry.) Defendants again did not appear, respond, or request an
adjournment of this hearing. (See id.) Judge Levy issued an R&R recommending that the court
issue a preliminary injunction that (1) enjoins Defendants from using Plaintiff's trade name,
Centennial Elevator Industries, Inc., or any derivations thereof, including Centennial Elevator
Ind., Corp. or Centennial Elevator Industries, Inc., in commerce in any way during the pendency
ofthis action; and (2) notifies the Secretary of State of the State of New York that Defendants
will no longer be doing business under the derivations of Plaintiff's trade name. (See
Aug. 29, 2016, R&R.) A copy of Judge's Levy's R&R was sent to Defendants via first class
mail. No party has objected to Judge Levy's R&R, and the time to do so has passed. See Fed. R.
Civ. P. 72(b)(2). (See also R&R ("Objections to R&R due by 9/15/2016.").) Therefore, the
court reviews the R&R for clear error. See Porter v. Potter, 219 F. App'x 112, 113 (2d
Cir. 2007) (summary order); Gesualdi v. Mack Excavation & Trailer Serv., Inc.,
No. 09-CV-2502 (KAM) (JO), 2010 WL 985294, at *I (E.D.N.Y. Mar. 15, 2010); La Torres v.
Walker, 216 F. Supp. 2d 157, 159 (S.D.N.Y. 2000); cf. 28 U.S.C. § 636(b)(l).

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The court further directed Plaintiff to serve Defendants with a copy of the Order to Show Cause and Temporary

Restraining Order and annexed affidavit, memorandum of law, affmnation in support, and Complaint. (Order to

Show Cause and Temp. Restraining Order.) Plaintiffs counsel submitted an affidavit swearing that he had served
Defendants with copies of these documents. (See Aff. ofServ. (Dkt. 9).)

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Finding no clear error, the court ADOPTS IN FULL the R&R, and accordingly,
GRANTS Plaintiffs Motion for a Preliminary Injunction. Defendants are ENJOINED from
using Plaintiffs trade name, Centennial Elevator Industries, Inc., or any derivations thereof,
including Centennial Elevator Ind., Corp. or Centennial ElevatOr Industries, Inc., in commerce in
any way during the pendency of this action. Defendants are further DIRECTED to notify the
Secretary of State of the State of New York that they will no longer be doing business under the
derivations of Plaintiffs trade name. Plaintiffs are ORDERED to serve a copy of this Order on
Defendants or their counsel in person or by overnight mail (FED EX or UPS), on or before 11 :59
p.m., September 19, 2016.
SO ORDERED.

s/Nicholas G. Garaufis
NICHOLAS G. GARAul\fs
United States District Judge

Dated: Brooklyn, New York
September/I., 2016

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