14 Cited authorities

Ryan v. Homecomings Financial Network
253 F.3d 778 (4th Cir. 2001) Cited 1,397 times 2 Legal Analyses
Holding that a defaulting defendant is deemed to have admitted all of the well-plead factual allegations in the complaint
Globalsantafe Corp. v. Globalsantafe.com
250 F. Supp. 2d 610 (E.D. Va. 2003) Cited 273 times
Finding that 15 U.S.C. § 1125(d) is satisfied because the registry is located in the district
Lamparello v. Falwell
420 F.3d 309 (4th Cir. 2005) Cited 171 times 4 Legal Analyses
Holding that the "critical element" is "use of another firm's mark to capture the markholder's customers and profits" and quoting Checkpoint with approval
Emergency One v. Am. Fire Eagle Engine Co.
332 F.3d 264 (4th Cir. 2003) Cited 144 times
Finding that judicial estoppel requires that the first court "accept" the prior factual position
Virtual Works, Inc. v. Volkswagen of America
238 F.3d 264 (4th Cir. 2001) Cited 128 times
Holding that the fact that defendants intended in part to sell their domain name for a lot of money was sufficient to disqualify them from the safe harbor
Traffic Names, Ltd. v. Yiming
1:14cv1607 (LMB/TCB) (E.D. Va. May. 12, 2015) Cited 7 times
1:14cv1607 (LMB/TCB) 05-12-2015 TRAFFIC NAMES, LTD. Plaintiff, v. ZHENGHUI YIMING In Re: 224.com; 605.com, and 452.com Defendant. Leonie M. Brinkema United States District Judge ORDER On April 14, 2015, a magistrate judge issued a Report and Recommendation ("Report') in which she found that none of the defendants had responded to the complaint brought under the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d) ("ACPA") and in which she recommended entry of the plaintiff's proposed
Montblanc-Simplo GmbH v. Montblancpensale.org
297 F.R.D. 242 (E.D. Va. 2014) Cited 3 times
Order Filed: December 26, 2013 For Montblanc-Simplo GmbH, Plaintiff: John Nolan Jennison, LEAD ATTORNEY, Law Offices Jennison & Shultz, P.C., Arlington, VA. ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT Liam O'Grady, United States District Judge. Before the Court is Plaintiff's Motion for Default Judgment pursuant to Fed.R.Civ.P. 55(b)(2) (Dkt. No. 11). Pursuant to 28 U.S.C. § 636(b)(1)(C) the Magistrate Judge issued a Proposed Findings of Fact and Recommendations on December 26, 2013 (Dkt
Jin v. 001HH.com
Civil Action No. 1:14-cv-1120-LO-MSN (E.D. Va. May. 7, 2015)
Civil Action No. 1:14-cv-1120-LO-MSN 05-07-2015 GONG ZHENG JIN, Plaintiff, v. 001HH.COM, et al., Defendants. Thomas Rawles Jones, Jr. United States Magistrate Judge REPORT AND RECOMMENDATION This matter is before the court on plaintiff Gong Zheng Jin's ("Jin") motion for default judgment (no. 18) for the unlawful transfer of 184 internet domain names (collectively, the "Domain Names"). Upon consideration of the record, the magistrate judge makes findings as follows and recommends that default judgment
Tober v. Aprov.com
1:07cv1252 (LMB/TCB) (E.D. Va. Sep. 23, 2008)
1:07cv1252 (LMB/TCB). September 23, 2008 MEMORANDUM OPINION LEONIE BRINKEMA, District Judge On July 21, 2008, a magistrate judge issued a Report and Recommendation ("Report") in which she recommended that service of process be found sufficient and that the defendant domain name be found in default. However, she also recommended that the plaintiffs' motion for transfer of the domain name be denied and that the civil action be dismissed without prejudice. The parties were advised that any exceptions
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,394 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 101,122 times 141 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Rule 55 - Default; Default Judgment
Fed. R. Civ. P. 55 Cited 35,419 times 13 Legal Analyses
Adopting similar language for acquiring default judgment against the United States
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,801 times 328 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition
28 U.S.C. § 1338 Cited 5,517 times 71 Legal Analyses
Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"

Associated Recovery LLC v. John Does 1-44 et al

14 Cited authorities

Holding that a defaulting defendant is deemed to have admitted all of the well-plead factual allegations in the complaint

Finding that 15 U.S.C. § 1125(d) is satisfied because the registry is located in the district

Holding that the "critical element" is "use of another firm's mark to capture the markholder's customers and profits" and quoting Checkpoint with approval

Finding that judicial estoppel requires that the first court "accept" the prior factual position

Holding that the fact that defendants intended in part to sell their domain name for a lot of money was sufficient to disqualify them from the safe harbor

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Adopting similar language for acquiring default judgment against the United States

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"