411 Mania.com, LLC v. 411mania.com et al

Filing 20

ORDER - It is hereby Ordered that a default judgment be and is entered in plaintiffs favor; and it is further ORDERED that VeriSign, Inc., as the operator of the registry of the <411mania.com> domain name directly, or through Register.com, the current registrar of the Infringing Domain Name, (1) immediately transfer the Infringing Domain Name to plaintiff 411Mania.com, LLC located at 1206 Cardinal Ave., Sugar Land, Texas 77478; and (2) take such other and further actions as necessary, in o rder to transfer to plaintiff all rights, title, and interest in and to the Infringing Domain Name, including registration and full control thereof, and it is further ORDERED that the $500.00 bond posted by plaintiff be returned; and it is further ORDERED that Defendant John Doe be and is dismissed without prejudice. Signed by District Judge Leonie M. Brinkema on 9/12/17. (gwalk, ) Modified on 9/12/2017 to correct the text to match the order (gwalk, ).

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

411 MANIA.COM,LLC,

Plaintiff,

l:17-cv-00469 (LMB/IDD)

V.

JOHN DOE and <411MANIA.C0M>
Defendants.
ORDER

Before the Court are Proposed Findings of Fact and Recommendations ("Report") issued

by a magistratejudge on August 24,2017 [Dkt.No. 19]. The Report recommends that plaintiff s
Motion for Entry of Default Judgment [Dkt.No. 15] be granted, that VeriSign, Inc., the registry of
domain name, 41 lmania.com (the "Infringing Domain Name"), be ordered to require the current

registrarto transfer the registrations for the Infringing Domain Name to plaintiff, 41lMania.com,
LLC, and that Defendant John Doe be dismissed without prejudice. The Report advised the

parties that any objection to the Report hadto be filed within fourteen days of service of the Report
and that failure to file a timely objection barred appeal of "any finding or conclusion accepted or

adopted by the District Judge except upon grounds of plain error." Report at 19. As of
September 11, 2017, no objections have been filed by any party.

Plaintiff brings an inrem action under the Anticybersquatting Consumer Protection Act
("ACPA"), 15 U.S.C. § 1125(d). Accordingly, the Court has subject matter jurisdiction over this

action pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§1131 and 1138(a). Venue is proper under
the ACPA because VeriSign, Inc., the domain name registry is located in this district. 15 U.S.C.
§§ 1125(d)(2)(A) and (C).