Marchex Sales Inc. v. Tecnologia Barcaria S.A.

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, the Court adopts the findings and conclusions of the Report 17 and for the reasons stated therein, Plaintiff's Motion for Default Judgment 11 is GRANTED; Judgment by Default be entered in favor of Plaintiff Marchex Sales, Inc. against Defendant Tecnologia Bancaria, S.A.; that Network Solutions LLC shall not implement the WIPO panel's decision of September 26, 2014 and must remove whatever hold or transfer order is currently pe nding against the subject domain names:<banco24horas.com> and <banco24horas.net>; Plaintiff's registration and use of the subject domain names is hereby declared lawful under the Lanham Act; The Clerk is thus directed to enter judgme nt in the plaintiff's favor pursuant to Federal Rule of Civil Procedure 55 and to forward copies of this Order, along with the Judgment by Default, to counsel of record for Plaintiff and to Defendant at the address listed in the case file. Signed by District Judge Liam O'Grady on 06/15/2015. (mpha)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Marchex Sales, Inc.,

Plaintiff,
Civil Action No. 1:14-cv-1306

v.

Tecnologia Bancaria, S.A.,
Defendant.

ORDER

On May 21, 2015, Magistrate Judge John Anderson issued a Report and
Recommendation ("Report"), in which he recommended that default judgment be entered in

favor of Plaintiff Marchex Sales, Inc. against Defendant Tecnologia Bancaria, S.A. He
recommended a finding that Plaintiffs registration and use of the subject domain names is lawful
under the Lanham Act. He also recommended that the Court direct Network Solutions LLC not

to implement the World Intellectual Property Organization ("WIPO") panel's decision of
September 26, 2014 and to remove whatever hold or transfer order is currently pending against
the subject domain names: <banco24horas.com> and <banco24horas.net>.

The parties were advised that any objections to the Report had to be filed within fourteen

days of receipt of the Report and that failure to file timely objections waived appellate review of

any judgment based on the Report. As of June 15,2015, no objections have been filed. Having
fully reviewed the Report, case file, and Plaintiffs Motion for Default Judgment with its
attachments, the Court finds that the Report accurately states the relevant facts and law.