Sream, Inc v. Funky Town, Ltd et al

Filing 40

ORDER adopting 39 Report and Recommendations. This Court has reviewed Magistrate Judge Freemans detailed and reasoned Report and Recommendation, and finds no clear error. Accordingly, the October 11, 2016 Report and Recommendation is approved and adopted in its entirety. Any application for reasonable attorneys fees should be filed with Magistrate Judge Freeman. The Clerk of Court is directed to mark this case as closed. (Signed by Judge William H. Pauley, III on 12/12/2016) (cla)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SREAM, INC.,
Plaintiff,
-against752 TOBACCO CANDY INC.,
Defendant.

:
:
:
:
:
:
:
:
:
:
:
:

15-cv-2904
ORDER

WILLIAM H. PAULEY III, District Judge:
Plaintiff Sream, Inc. (“Sream”) filed this trademark infringement action against
Defendant 752 Tobacco Candy Inc. (“752”) arising out of 752’s unlawful use of Sream’s
federally registered “RooR” trademark on water pipes sold in retail smoke shops. Following the
entry of a default judgment in Sream’s favor, this Court referred the matter to Magistrate Judge
Debra C. Freeman for an inquest on May 6, 2016. By Report and Recommendation dated
October 11, 2016, Magistrate Judge Freeman recommended statutory damages against 752 in the
amount of $30,000 and costs in the amount of $400. Magistrate Judge Freeman also
recommended the entry of a permanent injunction. Finally, she recommended that Sream be
given 30 days from entry of this Court’s order adopting her Report and Recommendation to
submit an application for reasonable attorneys’ fees.
The time to file objections or request an extension of time has passed. Neither
party submitted an objection or requested additional time. Absent such objections, this Court
reviews the Report and Recommendation for clear error on the face of the record. See Adee
Motor Cars, LLC v. Amato, 388 F. Supp. 2d 250, 253 (S.D.N.Y. 2005).

This Court has reviewed Magistrate Judge Freeman’s detailed and reasoned
Report and Recommendation, and finds no clear error. Accordingly, the October 11, 2016
Report and Recommendation is approved and adopted in its entirety. Any application for
reasonable attorneys’ fees should be filed with Magistrate Judge Freeman. The Clerk of Court is
directed to mark this case as closed.
Dated: December 12, 2016
New York, New York

SO ORDERED:

_______________________________
WILLIAM H. PAULEY III
U.S.D.J.

2