Filed: Oct. 23, 2017
Latest Update: Oct. 23, 2017
Summary: ORDER T.S. ELLIS, III , District Judge . Plaintiff JK Moving & Storage brought this action after defendant allegedly infringed on plaintiff's trademark. Plaintiff claims defendant violated 15 U.S.C. 1114(1)(a) (infringement of registered trademarks), 15 U.S.C. 1125(a) (infringement of unregistered trademarks and unfair competition), Va. Code 59.1-200(A) (Virginia Consumer Protection Act) and the common law's prohibition on "passing off" by displaying and utilizing plaintiff's registe
Summary: ORDER T.S. ELLIS, III , District Judge . Plaintiff JK Moving & Storage brought this action after defendant allegedly infringed on plaintiff's trademark. Plaintiff claims defendant violated 15 U.S.C. 1114(1)(a) (infringement of registered trademarks), 15 U.S.C. 1125(a) (infringement of unregistered trademarks and unfair competition), Va. Code 59.1-200(A) (Virginia Consumer Protection Act) and the common law's prohibition on "passing off" by displaying and utilizing plaintiff's register..
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ORDER
T.S. ELLIS, III, District Judge.
Plaintiff JK Moving & Storage brought this action after defendant allegedly infringed on plaintiff's trademark. Plaintiff claims defendant violated 15 U.S.C. § 1114(1)(a) (infringement of registered trademarks), 15 U.S.C. § 1125(a) (infringement of unregistered trademarks and unfair competition), Va. Code § 59.1-200(A) (Virginia Consumer Protection Act) and the common law's prohibition on "passing off" by displaying and utilizing plaintiff's registered and unregistered marks for commercial purposes.1 Plaintiff seeks a permanent injunction and a money award for attorneys' fees and costs.
On September 13, 2017, the Clerk of Court entered default against defendant after it failed to file a responsive pleading or otherwise appear in this action. (Doc. 9.) Thereafter, plaintiff filed a motion for default judgment which was referred to Magistrate Judge Anderson pursuant to 28 U.S.C. § 936 to issue a Report and Recommendation ("Report"). On October 4, 2017, Judge Anderson issued his thorough and well-reasoned Report, recommending that a permanent injunction be entered against the defendant and that a money judgment, representing attorneys' fees and costs, be entered in favor of plaintiff in the amount of $12,775.00.
No party filed objections within fourteen (14) days as set forth in the Report.2 Because Judge Anderson's recommendation is well-reasoned and his factual findings and legal conclusions are well-founded, he did not clearly err and therefore his Report and Recommendation (Doc. 15) is ADOPTED as the opinion of this Court.
Accordingly,
It is hereby by ORDERED that defendant J & K Moving, its officers, agents, servants, employees and any other persons acting on its behalf are permanently enjoined from advertising, offering or selling any goods or services using the mark or name "J&K Moving," or any colorable variation thereof in a manner that is confusingly similar to plaintiff JK Moving's "JK," "JK Moving and Storage" and "JK Moving Services" marks or any other variations thereof as used by plaintiff in connection with moving and storage services.
It is further ORDERED that judgment is entered on behalf of plaintiff and against defendant in the amount of $12,775.00.
The Clerk of the Court is directed to enter final judgment in accordance with this Order, and to place this matter among the ended causes.
