Opinion
Case No. 6:14-cv-1294-Orl-37GJK
07-28-2015
WARNER BROS. ENTERTAINMENT INC., Plaintiff, v. STEPHEN WESLEY PHILLIPS; and SWP OMNIMEDIA, INC., Defendants.
ORDER
This cause is before the Court on the following:
1. Plaintiff's Amended Motion for Final Default Judgment and Related Orders Against Defendants Stephen Wesley Phillips and SWP Omnimedia, Inc. in Response to Court's December 31, 2014 Order (Doc. 18), filed January 16, 2015; and
2. U.S. Magistrate Judge Gregory J. Kelly's Report and Recommendation (Doc. 20), filed April 30, 2015.
Plaintiff initiated this action based on Defendants' alleged infringement of Plaintiff's Dallas and Southfork trademarks (the "Trademarks"). (Doc. 1.) When Defendants failed to respond or answer, Plaintiff requested a clerk's default (Doc. 12), which was granted (Docs. 13, 14). Plaintiff then moved for entry of a final default judgment and a preliminary injunction (Doc. 18 ("Motion"); see also Doc. 19), and the Motion was referred to U.S. Magistrate Judge Gregory J. Kelly, who issued his Report and Recommendation on April 30, 2015 (Doc. 20 ("R&R").) No objections have been filed, and the deadline for filing objections has passed.
The caption of the case on the CM/ECF docket includes www.facebook.com/ewingoilco as an individual Defendant. The Court presumes this was entered in error, as Plaintiff names only two Defendants—Stephen Wesley Phillips and SWP Omnimedia, Inc.—in his Complaint. (See Doc. 1.) Indeed, Plaintiff refers to Defendant Stephen Wesley Phillips as "a controlling force in the operation of," inter alia, www.facebook.com/ewingoilco (id. ¶ 6), and the caption of Plaintiff's Complaint names Defendant Stephen Wesley Phillips as "d/b/a . . . www.facebook.ewingoilco" (see
After a proper referral of a matter for issuance of a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), and absent timely-filed written objections, the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1); see Ernest S. ex rel. Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 513 (11 th Cir. 1990).
Absent objections, and upon consideration, the Court finds that Magistrate Judge Kelly's thorough, comprehensive, and well-reasoned R&R is due to be adopted and confirmed.
CONCLUSION
Accordingly, it is hereby ORDERED and ADJUDGED that:
1. U.S. Magistrate Judge Gregory J. Kelly's Report and Recommendation (Doc. 20) is ADOPTED and CONFIRMED and made part of this Order.DONE AND ORDERED in Chambers in Orlando, Florida, on July 28, 2015.
2. Plaintiff's Amended Motion for Final Default Judgment and Related Orders Against Defendants Stephen Wesley Phillips and SWP Omnimedia, Inc. in Response to Court's December 31, 2014 Order (Doc. 18) is GRANTED in accordance with the Report and Recommendation (Doc. 20).
3. The Clerk is DIRECTED to STRIKE www.facebook.com/ewingoilco from the caption of the case on CM/ECF.
4. Plaintiff is the owner of the distinctive Trademarks. The registrations are valid and subsisting and are conclusive proof of Plaintiff's rights to the Trademarks. Additionally, Plaintiff is the owner of the names, logos, characters, and related indicia of the Dallas television series, including but not limited to the characters—J.R. Ewing, Bobby Ewing, Miss Ellie, Jock, the Ewing family—the fictional oil development company, Ewing Oil, and the Ewing family home, Southfork (the "Dallas Properties"). The Trademarks and the Dallas properties will collectively be referred to as the "Plaintiff's Properties."
5. Defendants are liable for infringement of Plaintiff's Trademarks. (See Doc. 19-2.)
6. Plaintiff is entitled to entry of a permanent injunction against Defendants pursuant to Federal Rule of Civil Procedure 65 and 17 U.S.C. §§ 502(a) and 503(b), and the Court will issue the injunction in a separate Order.
7. The Clerk is DIRECTED to enter judgment in favor of Plaintiff and against Defendants, jointly and severally, in the amount of $75,000.00 pursuant to 15 U.S.C. § 1117(d), upon which execution may issue.
/s/_________
ROY B. DALTON JR.
United States District Judge
Copies: Counsel of Record Defendants Stephen Wesley Phillips and SWP Omnimedia, Inc.
id.).