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07-1473 - Protection One Alarm Monitoring, Inc. v. Executive Protection One Security Service, LLC


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07-1473 - Protection One Alarm Monitoring, Inc. v. Executive Protection One Security Service, LLC
March 19, 2008
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REPORT AND RECOMMENDATION: By order dated May 30, 2007, the Honorable Dora Irizarry, United States District Judge, issued a default judgment against defendant Executive Protection One Security Service, LLC and referred this matter to me to conduct an inquest and issue a report and recommendation on injunctive relief, attorneys fees, and costs. For the reasons stated in the attached Report and Recommendation, I respectfully recommend that defendant be enjoined from further infringing use of plaintiffs mark. I also recommend that the domain name www.executiveprotection1.com be transferred to plaintiff. Finally, I respectfully recommend that plaintiffs be awarded $17,376 in attorneys fees and $1,990.15 in costs, for a total of $19,366.15. Any objections to this Report and Recommendation must be filed with the Clerk of the Court, with courtesy copies to Judge Irizarry and to my chambers, within ten (10) business days. Failure to file objections within the specified time waives the right to appeal the District Courts order. See 28 U.S.C. ยง 636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(e). Ordered by Magistrate Judge Robert M. Levy on 3/19/08. See attached Report & Recommendation. (Marino, Janine)
April 10, 2008
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ORDER GRANTING 5 Motion for Entry of Default; AND ADOPTING 10 Report and Recommendations -- No objections have been filed to the Report and Recommendation of the Honorable Robert M. Levy, U.S.M.J., dated March 19, 2008, and, upon consideration, the Report and Recommendation is hereby adopted in full. Accordingly, plaintiff's motion for entry of default judgment is granted. It is further hereby ORDERED that the defendant is permanently enjoined from further infringing use of plaintiff's "Protection One" trademark and from using the domain name www.executiveprotection1.com. Defendant is further ORDERED to transfer the domain name to plaintiff. Plaintiff is awarded $17,376.00 in attorneys' fees and $1,990.15 in costs. See attached written order for details. Service of a copy of this Electronic Order and the Attached Written Order on defendants shall be made by the plaintiff within five (5) days of the date of this Order and proof thereof shall be filed with the court via ECF immediately thereafter. The Clerk of the Court is directed to close the file maintained in this case. SO ORDERED by Judge Dora Lizette Irizarry on 04/07/08. (Irizarry, Dora)