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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION GS HOLISTIC, LLC § § v. § § SUBLIME SMOKE & VAPE LLC, § CIVIL NO. 4:23-CV-255-SDJd/b/a SUBLIME SMOKE &VAPE, § AGD § ET AL. DENTON SMOKE SHOP LLC, § CIVIL NO. 4:23-CV-241-SDJd/b/a DENTON SMOKE STOP, ET § AGD AL. § KASKI KALI LLC, d/b/a KUSH CIGAR, ET AL. § § § CIVIL NO. 4:23-CV-249-SDJAGD SUPREME SMOKE AND VAPE LLC, d/b/a SUPREME SMOKE AND VAPE, ET AL. § § § CIVIL NO. 4:23-CV-256-SDJAGD CITY SMOKE SHOP INC., d/b/a CITY SMOKE SHOP, ET AL. § § § CIVIL NO. 4:23-CV-264-SDJAGD RAD GLASS, INC, d/b/a PPV PIPES, PAPERS, & VAPES, ET AL. § § § CIVIL NO. 4:23-CV-265-SDJAGD SERANE LLC, d/b/a SMOKE JOINT, ET AL. § § § CIVIL NO. 4:23-CV-266-SDJAGD AZZADNEEN GROUP #2, LLC, d/b/a SPARK SMOKE, ET AL. § § § CIVIL NO. 4:23-CV-268-SDJAGD SS & CO INVESTMENTS INC, d/b/a CBD & TOBACCO VILLA, ET AL. § § § CIVIL NO. 4:23-CV-283-SDJAGD WIZARD’S SMOKE SHOP LLC, d/b/a WIZARD’S VAPOR BAR AND SMOKE SHOP, ET AL. § § § CIVIL NO. 4:23-CV-284-SDJAGD ABN BUSINESS GROUP LLC, d/b/a CLOUD VILLE VAPOR AND SMOKE SHOP, ET AL. § § § CIVIL NO. 4:23-CV-365-SDJAGD LEAD CASE HOLLOWAY FOUNDATION LLC, d/b/a SMOKERS XCHANGE, ET AL. § § § 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, -2- . 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. ____________________________________ SEAN D. JORDAN UNITED STATES DISTRICT JUDGE -3-

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