24-7 Bright Star Healthcare, LLC v. Brightstars Helping Hands LLC
24-7 Bright Star Healthcare, LLC v. Brightstars Helping Hands LLC
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
24-7 BRIGHT STAR HEALTHCARE, LLC,
Plaintiff,
v. Case No. 6:22-cv-2087-RBD-RMN
BRIGHTSTARS HELPING HANDS LLC,
Defendant. ____________________________________
ORDER AND INJUNCTION In this trademark infringement case, Plaintiff filed a motion for default judgment. (Doc. 19 (“Motion”).) On referral, U.S. Magistrate Judge Robert M. Norway entered a Report and Recommendation recommending the Court grant Plaintiff’s Motion in part, enter default judgment against Defendant, enjoin Defendant from using the contested marks, and deny Plaintiff’s request for attorney’s fees. (Doc. 22 (“R&R”).) The time has passed and there were no objections, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc.,
208 F. App’x 781, 784(11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 22) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety. 2. Plaintiff’s Motion (Doc. 19) is GRANTED IN PART AND DENIED
IN PART: a. The Motion is GRANTED in that the Clerk is DIRECTED to enter default judgment in favor of Plaintiff 24-7 Bright Star
Healthcare, LLC and against Defendant Brightstars Helping Hands LLC. b. The Motion is GRANTED in that Defendant Brightstars Helping Hands LLC, and all persons and entities acting on
behalf of Defendant, in concert with Defendant, or under Defendant’s control or direction, are PERMANENTLY RESTRAINED AND ENJOINED from using the marks
“Brightstars” and “Brightstars Helping Hands” in connection with home healthcare and home care services. c. The Motion is DENIED as to Plaintiff’s request for an award of
attorney’s fees. 3. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on August 14, 2023. uy i ROY B. DALTON, JR. A United States District Judge
Reference
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