GS Holistic, LLC v. Denton Smoke Shop LLC et al

Filing 17

MEMORANDUM ADOPTING THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is therefore ORDERED that Plaintiff's Motion for Default Judgment, (Dkt.# 13 ), is GRANTED in part and DENIED in part. Signed by District Judge Sean D. Jordan on 3/27/2024. (RPC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
GS HOLISTIC, LLC
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v.
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SUBLIME SMOKE & VAPE LLC,
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CIVIL NO. 4:23-CV-255-SDJd/b/a SUBLIME SMOKE &VAPE,
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AGD
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ET AL.
DENTON SMOKE SHOP LLC,
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CIVIL NO. 4:23-CV-241-SDJd/b/a DENTON SMOKE STOP, ET
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AGD
AL.
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KASKI KALI LLC, d/b/a KUSH
CIGAR, ET AL.

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CIVIL NO. 4:23-CV-249-SDJAGD

SUPREME SMOKE AND VAPE
LLC, d/b/a SUPREME SMOKE
AND VAPE, ET AL.

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CIVIL NO. 4:23-CV-256-SDJAGD

CITY SMOKE SHOP INC., d/b/a
CITY SMOKE SHOP, ET AL.

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CIVIL NO. 4:23-CV-264-SDJAGD

RAD GLASS, INC, d/b/a PPV
PIPES, PAPERS, & VAPES, ET
AL.

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CIVIL NO. 4:23-CV-265-SDJAGD

SERANE LLC, d/b/a SMOKE
JOINT, ET AL.

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CIVIL NO. 4:23-CV-266-SDJAGD

AZZADNEEN GROUP #2, LLC,
d/b/a SPARK SMOKE, ET AL.

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CIVIL NO. 4:23-CV-268-SDJAGD

SS & CO INVESTMENTS INC,
d/b/a CBD & TOBACCO VILLA, ET
AL.

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CIVIL NO. 4:23-CV-283-SDJAGD

WIZARD’S SMOKE SHOP LLC,
d/b/a WIZARD’S VAPOR BAR AND
SMOKE SHOP, ET AL.

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CIVIL NO. 4:23-CV-284-SDJAGD

ABN BUSINESS GROUP LLC,
d/b/a CLOUD VILLE VAPOR AND
SMOKE SHOP, ET AL.

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CIVIL NO. 4:23-CV-365-SDJAGD
LEAD CASE

HOLLOWAY FOUNDATION LLC,
d/b/a SMOKERS XCHANGE, ET
AL.

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CIVIL NO. 4:23-CV-626-SDJAGD

MEMORANDUM ADOPTING THE REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report and Recommendation of the United
States Magistrate Judge (“Report”), this matter having been referred to the
Magistrate Judge pursuant to 28 U.S.C. § 636. On March 12, 2024, the Report and
Recommendation of the Magistrate Judge, (Dkt. #16), was entered containing
proposed findings of fact and the recommendation that Plaintiff’s Motion for Default
Judgment in member case 4:23-cv-00241, (Dkt. #13), be granted in part and denied
in part. No party filed objections to the Report. Having assessed the Report and the
record in this case, the Court hereby adopts the findings and conclusions of the
Magistrate Judge as the findings and conclusions of the Court.
It is therefore ORDERED that Plaintiff’s Motion for Default Judgment, (Dkt.
#13), is GRANTED in part and DENIED in part. It is further ORDERED that
Defendants Shazad S Ali and Denton Smoke Shop LLC each pay $3,000.00 to Plaintiff
GS Holistic as statutory damages for trademark infringement. It is further
ORDERED that Defendants Shazad S Ali and Denton Smoke Shop LLC be jointly
and severally ordered to pay Plaintiff GS Holistic $402.00 for the costs of the action.
It is finally ORDERED that Defendants Shazad S Ali and Denton Smoke Shop LLC
deliver to GS Holistic for destruction all counterfeit products, accessories, labels,
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signs, prints, packages, wrappers, receptacles, advertisements, and other material in
their possession, custody or control bearing any of the Stündenglass trademarks (U.S.
Trademark Registration Number 6,174,291, U.S. Trademark Registration Number
6,174,292, and U.S. Trademark Registration Number 6,633,884).

So ORDERED and SIGNED this 27th day of March, 2024.

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SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE

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