Federal Express Corporation v. JetEx Air Express Inc. et al

Filing 29

ORDER ADOPTING 27 REPORT AND RECOMMENDATIONS. The Court has reviewed the record and, finding no clear error, adopts the R&R as the opinion of the Court. Accordingly, the Court grants FedEx's motion for default judgment and award s FedEx $25,000 for attorney's fees and costs. Defendants JetEx and Swingline, their officers, agents, servants, employees, attorneys, parents, subsidiaries and related companies, and all persons acting for, with, by, through or unde r them having notice of this injunction, are permanently enjoined from: (a) using in any manner the JetEx Logo or any other logo, trademark, designation,.image, phrase, slogan or term likely to cause confusion with the FedEx Logo Trad emark on any goods or services, or in connection with the advertising or promotion of their goods or services; (b) using in any manner the JetEx Logo in connection with Defendants' goods or services; (c) otherwise engaging in any other acts o r conduct which could cause consumers to erroneously believe Defendants' goods or services are somehow sponsored by, authorized by, licensed by, or in any other way associated with Plaintiff; and (d) from displaying, using, or cont inuing to use any vehicles, which display, contain, use, or depict the JetEx Logo. Defendants JetEx and Swingline are required to file with the Court and serve on FedEx, within thirty days from the date of entry of final judgment, a report under oath detailing the manner in which they have complied with all terms of this injunction, with supporting photographic and documentary evidence. So Ordered by Judge Carol Bagley Amon on 2/27/2017. (fwd'd for jgm) (Lee, Tiffeny)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
X

FEDERAL EXPRESS CORPORATION,
Plaintiff,
NOT FOR PUBLICATION

-against-

ORDER

16-CV-1553(CBA)
(RER)
JETEX AIR EXPRESS INC. and SWINGLINE

INTERNATIONAL INC.,
Defendants.
X

AMON,United States District Judge:
Federal Express Corp.("FedEx") brings this action against defendants JetEx Air Express
Inc.("JetEx")and Swingline International, Inc.("Swingline"), alleging:(1)trademark infringement

in violation of § 32 ofthe Trademark Act of 1946(the "Lanham Act"), 15 U.S.C. § 1114, and New
York common law;(2) unfair competition in violation of § 43(a) of the Lanham Act, 15 U.S.C.
§ 1125(a), New York General Business Law("GBL")§ 349, and New York common law; and (3)
service mark dilution in violation of § 43(c) of the Lanham Act, 15 U.S.C. § 1125(c)(1), and GBL

§ 360. (D.E. #1.) The defendants have not appeared in these proceedings, and the Clerk of Court
noted the default of the defendants on May 18, 2016. (D.E. #21). FedEx moved for a default

judgment against the defendants on July 29, 2016,(D.E. # 23-24), and on September 15, 2016,the
Court referred the motion to Magistrate Judge Ramon E. Reyes, Jr. for a Report and
Recommendation("R&R"). (D.E. dated Sept. 15,2016.) Magistrate Judge Reyes issued a thorough

and well-reasoned R&R recommending granting the plaintiffs motion for a defaultjudgment. (D.E.
#27.)

No party has objected to the R&R, and the time for doing so has passed. When deciding
whether to adopt a report and recommendation, a district court "may accept, reject, or modify, in

whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C.

1

§ 636(b)(1). To accept those portions of the R&R to which no timely objection has been made,"a
district court need only satisfy itself that there is no clear error on the face of the record." Jarvis v.

N. Am. Globex Fund. L.P.. 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011)(internal quotation marks
and citation omitted).

The Court has reviewed the record and,finding no clear error, adopts the R&R as the opinion

ofthe Court. Accordingly,the Court grants FedEx's motion for defaultjudgment and awards FedEx

$25,000 for attorney's fees and costs. Defendants JetEx and Swingline, their officers, agents,
servants, employees, attorneys, parents, subsidiaries and related companies, and all persons acting
for, with, by,through or under them having notice ofthis injunction, are permanently enjoined from:
(a) using in any manner the JetEx Logo or any other logo, trademark, designation,.image,
phrase, slogan or term likely to cause confusion with the FedEx Logo Trademark on any
goods or services, or in connection with the advertising or promotion of their goods or
services;

(b) using in any manner the JetEx Logo in connection with Defendants' goods or services;
(c) otherwise engaging in any other acts or conduct which could cause consumers to
erroneously believe Defendants' goods or services are somehow sponsored by, authorized
by,licensed by, or in any other way associated with Plaintiff; and

(d)from displaying, using, or continuing to use any vehicles, which display, contain, use, or
depict the JetEx Logo.
Defendants JetEx and Swingline are required to file with the Court and serve on FedEx,

within thirty days from the date of entry offinaljudgment, a report under oath detailing the manner
in which they have complied with all terms of this injunction, with supporting photographic and
documentary evidence.
SO ORDEMD.

Dated: February
,2017
Brooklyn, New York

s/Carol Bagley Amon

Carol Bdgl^ Amc
United Staftes District Judge