Car-Freshener Corp. v. Excellent Deals, Inc.

Full title: CAR-FRESHENER CORP. and JULIUS: SAMANN LTD., Plaintiffs, v. EXCELLENT…

Court: United States District Court, E.D. New York

Date published: Aug 30, 2011

10-CV-1391 (ENV) (SMG) (E.D.N.Y. Aug. 30, 2011)

Opinion

10-CV-1391 (ENV) (SMG).

August 30, 2011

MEMORANDUM ORDER

ERIC VITALIANO, District Judge

Plaintiffs Car-Freshner Corporation and Julius Samann Ltd. filed a complaint against defendant Excellent Deals Inc. on March 29, 2010 for trademark counterfeiting and infringement, false designation of origin, and trademark dilution. After defendant failed to appear or otherwise respond to the complaint, plaintiff moved for default judgment on July 13, 2010. The Clerk of Court noted default and on August 3, 2010, the Court referred the action to Chief Magistrate Judge Steven M. Gold to determine the appropriate relief.

Following a review of the relevant submissions, Judge Gold issued a Report and Recommendation ("R R") on August 1, 2011, recommending that plaintiffs' motion for a default judgment and permanent injunction be granted. No objections to Judge Gold's R R have been timely filed.

In reviewing a report and recommendation, the court "may accept, reject, or modify, in whole or in part, the findings and recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). Moreover, in order to accept a magistrate judge's report and recommendation where no timely objection has been made, the "court need only satisfy itself that there is no clear error on the face of the record." Urena v. New York, 160 F. Supp.2d 606, 609-10 (S.D.N.Y. 2001) (quoting Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)).

After careful review of all the evidence in the record below, the Court finds Judge Gold's R R to be correct, comprehensive, well-reasoned, and free of any clear error. The Court, therefore, adopts the R R in its entirety as the opinion of the Court. Accordingly, for the reasons stated in the R R, the plaintiffs' motion for a default judgment is granted and a permanent injunction is issued against Excellent Deals Inc. enjoining them from using plaintiffs' Tree Design Marks or trade dress, or any colorable imitation or confusingly similar design, in connection with defendant's distribution or sales of air fresheners.

The Clerk is directed to enter Judgment and to close this case.

SO ORDERED.

Dated: Brooklyn, New York

August 26, 2011