Bravado International Group Merchandising Services, Inc. et al v. Ninna, Inc. et al
| Bravado International Group Merchandising Services, Inc. and Bravado International Group, Limited |
| Ninna, Inc., Heyclick, Inc., Hollywood Merchandise Corp., Cmegamall.com, Rocktshirtspunk.com, Mosh-Pitt.com, Jacob Michailov, Peter Michailow, I Schwartz, Inc. and David Michailow |
| 1:2008cv03123 |
| July 31, 2008 |
| US District Court for the Eastern District of New York |
| Trademark Office |
| Kings |
| Cheryl L. Pollak |
| Charles P. Sifton |
| None |
| Federal Question |
| 15:1114 Trademark Infringement |
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Filing
53
ORDER ADOPTING REPORT AND RECOMMENDATIONS: No objections to the Report and Recommendation of Magistrate Judge Cheryl L. Pollak dated August 18, 2009 having been filed by the parties, the Report and Recommendation is hereby adopted. Counsel for the pl aintiff is directed to serve a copy of the within on the defendants at their last known address, to file proof of service with the court, and to settle a judgment on notice in conformity with the Report and Recommendation not later than September 15, 2009. The case is again referred to Magistrate Judge Pollak for pretrial proceedings with respect to the remaining defendant, Peter Michailow. Ordered by Senior Judge Charles P. Sifton on 8/25/2009. (Abdallah, Fida)
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Filing
52
REPORT AND RECOMMENDATIONS re 40 MOTION for Default Judgment: It is respectfully recommended that: 1) default judgment enter against defendants Ninna, Heylick, Hollywood, Cmegamall.com, Rocktshirtspunk.com, Mosh-pitt.com, and Jacob Michailov in the amount of $300,000 for use of a counterfeit mark in violation of the Lanham Act; 2) a permanent injunction enter against these seven defendants prohibiting them from selling, manufacturing, and/or distributing any items bearing the names, trade marks, logos, or likenesses of Morrissey, Metallica, Slayer, Korn, Guns N Roses, Led Zeppelin, The Clash, Iron Maiden, Motorhead, or Depeche Mode; 3) plaintiffs request for enforcement of the California judgment against these defendants as fraudulent transferees of I Schwartz be denied; 4) plaintiffs request for enforcement of the California judgment against defendant Jacob Michailov as an alter ego of I Schwartz be denied; 5) plaintiffs request to enter default and issue a default judgment agai nst defendant Peter Michailow be denied; and 6) the claims against the remaining two defendants, I Schwartz and David Michailow, be dismissed without prejudice for failure to effect proper service. Objections to R&R due by 9/1/2009. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/18/2009. (Cooper, David)
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