Summary
finding no excusable neglect when upon receipt of a demand letter plaintiff promptly filed suit, sent a copy of complaint to the defendant, and spoke via telephone with a representative of the defendant
Summary of this case from Edelbrock LLC v. Genesis Grp. Int'l (Usa), Inc.Opinion
No. C 11-00757 JSW
01-05-2012
ROUND HILL CELLARS, Plaintiff, v. LOLONIS WINERY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
The Court has reviewed Magistrate Judge Elizabeth D. LaPorte's Report and Recommendation Re: Motion for Default Judgment. The Court finds the Report correct, well-reasoned and thorough, and adopts it in every respect. Accordingly, judgment shall be entered in favor of Plaintiffs and against Defendant. The Court finds that Plaintiff's Predator wine label foes not infringe or dilute Defendant's Ladybug Red, Ladybug White, Ladybug Loves Lolonis, or ladybug design trademarks. The Court enjoins Defendant, its successors, assigns, officers, and anyone connected therewith, from bringing any further legal action of any type for trademark infringement or trademark dilution, or related causes of action, under the Lanham Act or state law against Plaintiff or its parents, affiliated companies, successors, assigns, officers or anyone connected therewith involving, related to or arising from the Predator trademark, label or trade dress, or its use of the ladybug design contained therein.
IT IS SO ORDERED.
________________
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE