Opinion
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION; ORDER GRANTING MOTION FOR DEFAULT JUDGMENT
PHYLLIS J. HAMILTON, District Judge.
The court has reviewed Magistrate Judge Corley's report and recommendation re the motion for default judgment filed by plaintiff Chanel, Inc. ("Chanel"). Defendant US880 filed no objections to the report within the time allowed under 28 U.S.C. § 636(b)(1)(C). The court finds the report correct, well-reasoned and thorough, and adopts it in every respect. Accordingly, Chanel's motion for default judgment is GRANTED, as follows. Chanel is awarded $45, 700.00 in statutory damages and costs; plus prejudgment interest, calculated at the legal rate from the date this action was filed, to the date of judgment.
Plaintiff's motion did not include any calculation of the amount of the prejudgment interest.
In addition, the court orders that US880 and its respective officers, agents, servants, employees and attorneys, and all persons in active concert and participation with it are hereby restrained and enjoined from:
(a) manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods using the Chanel Marks;
(b) using the Chanel Marks in connection with the sale of any unauthorized goods;
(c) using any logo, and/or layout which may be calculated to falsely advertise the services or products of the Defendant, the websites identified in Appendix A attached hereto, and/or any other website or business, as being sponsored by, authorized by, endorsed by, or in any way associated with Chanel;
(d) falsely representing itself as being connected with Chanel, through sponsorship or association;
(e) engaging in any act which is likely to falsely cause members of the trade and/or of the purchasing public to believe any goods or services of the Defendant, the websites identified in Appendix A attached hereto, and/or any other website or business, are in any way endorsed by, approved by, and/or associated with Chanel;
(f) using any reproduction, counterfeit, copy, or colorable imitation of the Chanel Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by the Defendant, the websites identified in Appendix A attached hereto, and/or any other website or business, including, without limitation, handbags, wallets, and watches;
(g) affixing, applying, annexing or using in connection with the sale of any goods, a false description or representation, including words or other symbols tending to falsely describe or represent goods by the Defendant, the websites identified in Appendix A attached hereto, and/or any other website or business, as being those of Chanel, or in any way endorsed by Chanel;
(h) offering such goods in commerce;
(i) and from otherwise unfairly competing with Chanel;
(j) secreting, destroying, altering, removing, or otherwise dealing with the unauthorized products or any books or records which contain any information relating to the importing, manufacturing, producing, distributing, circulating, selling, marketing, offering for sale, advertising, promoting, renting or displaying of all unauthorized products which infringe the Chanel Marks; and
(k) effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth above.
In addition, the websites identified in Appendix A attached hereto are hereby ordered to be immediately transferred by the defendant, its assignees and/or successors in interest or title, and the Registrars to Chanel's control. To the extent the current Registrars do not facilitate the transfer of the websites identified in Appendix A attached hereto to Chanel's control within ten (10) days of receipt of this judgment, the United States-based Registries shall, within thirty (30) days, transfer the websites identified in Appendix A attached hereto to a United States based Registrar of Chanel's choosing, and that Registrar shall transfer the websites identified in Appendix A attached hereto to Chanel.
IT IS SO ORDERED.
APPENDIX A