Koenig v. All.com

Filing 20

Final Judgment. ORDERED that Plaintiff Eric Haddad Koenig's Motion for Default Judgment is GRANTED. It is further ORDERED that judgment be entered in favor of the Plaintiff Eric Haddad Koenig and against the domain name ALL.COM. It is further ORDERED that judgment be entered against the Defendant domain name ALL.COM and that the domain name be transferred to Eric Haddad Koenig pursuant to 15 U.S.C. § 1125 (d)(2)(D)(I). (See Order For Details). Signed by District Judge Gerald Bruce Lee on 7/31/09. (nhall)

JLJOCH
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

UUL3'I2OB9 '

i

Eric Haddad Koenig, Plaintiff,
v.

) )
) Case No. l:08-CV-1169(GBL)

ALL.COM, Defendant.

) )

Final

Judgment

THIS MATTER is before the Court on the June 9,

2009

Report and Recommendation of Magistrate Judge Thomas Rawles Jones, Jr. regarding Plaintiff Eric Koenig's unopposed

Motion for Entry of Default Judgment against Defendant

ALL.COM.

This case concerns Magistrate Judge Jones'

recommendation that the Court enter default judgment in favor of Plaintiff Eric Koenig because the registrant of
the domain name ALL.COM is in violation of Mr. Koenig's
rights as owner of the mark ALL.COM pursuant to 15 U.S.C. §1125. 15 U.S.C. §1125 imposes civil liability on any

person causing dilution of any name or symbol in commerce

that causes harm to any person believed to be damaged by

such act.

15 U.S.C.

§1125(A).

No objection has been

raised to this Report and Recommendation.

Magistrate Judge

Jones found that Mr. Koenig:
protected under 15 U.S.C.

(1) owns a mark that is
(2) that the

§1125{a);

registrant's use of the domain name violates Mr. Koenig's rights in the ALL.COM mark pursuant to 15 U.S.C. §1125(a)

because the registrant in bad faith registered and used the
domain name, which is confusingly similar to Mr. Koenig's

mark; and {3)

Mr. Koenig cannot obtain personal

jurisdiction over any defendant in this case despite his
due diligence in attempting to do so. For these reasons,

Magistrate Judge Jones recommends that Mr. Koenig's motion
for default judgment be granted, that default judgment be

entered against Defendant domain name under Federal Rule of
Civil Procedure 55(b)(2), and that domain name be

transferred to Plaintiff pursuant to 15 U.S.C.

§1125(d)(2)(D)(I). The Court adopts Magistrate Judge's

Report and Recommendation and enters judgment in favor of Plaintiff Eric Koenig and awards Plaintiff the domain name
ALL.COM.

Federal Rule of Civil Procedure 72(b) provides that

a magistrate judge may hear a dispositive motion, without

the consent of the parties, and recommend the disposition

of the matter to a district judge.

Fed. R. Civ. P. 72 (b) .

A

party must serve any objections to the magistrate judge's
recommendation within ten days of being served with a copy

of the order.

Id.

The district judge to whom a case is

assigned shall make a de novo determination of those

portions of the magistrate judge's recommendation to which
objection is made. 28 U.S.C. §636 (2000). The Court may

accept,

reject,

or modify,

in whole or in part,

the Id. The

magistrate judge's

findings or recommendations.

Court may also request and receive further evidence on the
matter. Id.

Having reviewed the aforementioned Motion and Judge

Jones'

Report and Recommendation and seeing that no timely

objection has been filed under Federal Rule of Civil
Procedure 72(b), this Court adopts Judge Jones' Proposed

Findings of Fact and Recommendations,

and it is hereby

ORDERED that Plaintiff Eric Haddad Koenig's Motion for
Default Judgment is GRANTED. It is further

ORDERED that judgment be entered in favor of the

Plaintiff Eric Haddad Koenig and against the domain name
ALL.COM. It is further

ORDERED that judgment be entered against the Defendant

domain name ALL.COM and that the domain name be transferred
to Eric Haddad Koenig pursuant to 15 U.S.C.
1125 (d) (2) <D) (I) .

§

The Clerk is directed to forward a copy of this Order
to counsel.

Entered this Sf* of July, 2009.

Gerald Bruce Lee

United States District Judge

Alexandria,

Virginia

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