Reflex Media, Inc. v. Successfulmatch.com

District Court, D. Nevada

Reflex Media, Inc. v. Successfulmatch.com

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 REFLEX MEDIA, INC., et al., ) 4 ) Plaintiffs, ) Case No.: 2:18-cv-00259-GMN-EJY 5 vs. ) 6 ) ORDER SUCCESSFULMATCH.COM, et al., ) 7 ) Defendants. ) 8 ) 9 10 Pending before the Court is the Report and Recommendation of United States 11 Magistrate Judge Elayna J. Youchah, (ECF No. 61), which recommends granting Plaintiffs’ 12 Motion for Entry of Default Judgment, (ECF No. 59). 13 A party may file specific written objections to the findings and recommendations of a 14 United States Magistrate Judge made pursuant to Local Rule IB 1-4.

28 U.S.C. § 636

(b)(1)(B); 15 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 16 determination of those portions to which objections are made.

Id.

The Court may accept, reject, 17 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 18

28 U.S.C. § 636

(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 19 not required to conduct “any review at all . . . of any issue that is not the subject of an 20 objection.” Thomas v. Arn,

474 U.S. 140, 149

(1985). Indeed, the Ninth Circuit has recognized 21 that a district court is not required to review a magistrate judge’s report and recommendation 22 where no objections have been filed. See, e.g., United States v. Reyna–Tapia,

328 F.3d 1114

, 23 1122 (9th Cir. 2003). 24 Here, no objections were filed, and the deadline to do so, January 12, 2021, has passed. 25 (See Report and Recommendation, ECF No. 61). 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 61), is 3 ACCEPTED AND ADOPTED in full. 4 IT IS FURTHER ORDERED that Plaintiffs’ Motion for Entry of Default Judgment, 5 (ECF No. 59), is GRANTED. 6 IT IS FURTHER ORDERED that, pursuant to

15 U.S.C. § 1116

, Defendants Song 7 Donglin, Tom Fu, Lucy Liu, Phoebe Wu, Wang Yu, and Jessica Zhang are hereby permanently 8 enjoined from: 9 1. Selling, offering for sale, distributing, advertising, or promoting any goods or 10 services that display any words or symbols that so resemble or are confusingly 11 similar to the Trademarks as to be likely to cause confusion, mistake or deception, on 12 or in connection with any goods or services that are not authorized by or for 13 Plaintiffs; 14 2. Using the Trademarks, any other marks, or domain names confusingly similar to 15 those marks alone or in combination with any other letters, words, letter strings, 16 phrases or designs, or the look and feel of Plaintiffs’ Websites in commerce or in 17 connection with any goods or services; 18 3. Using any word, term, name, symbol, or device, or combination thereof that causes 19 or is likely to cause confusion, mistake or deception as to the affiliation or 20 association of Defendants Song Donglin, Tom Fu, Lucy Liu, Phoebe Wu, Wang Yu, 21 and Jessica Zhang or their goods with Plaintiffs’, or as to the origin of Defendants 22 Song Donglin, Tom Fu, Lucy Liu, Phoebe Wu, Wang Yu, and Jessica Zhang’s goods 23 or services, or any false designation of origin, false or misleading description or 24 representation of fact; 25 4. Further infringing on the rights of Plaintiffs in and to any of its Trademarks, trade 1 dress, products, and services or otherwise damaging Plaintiffs’ goodwill or business 2 reputations; 3 5. Operating the Review Websites without explicitly disclosing their affiliation with 4 Successful Match; 5 6. Otherwise competing unfairly with Plaintiffs in any manner; and, 6 7. Continuing to perform in any manner whatsoever any of the other acts 7 complained of in this complaint. 8 IT IS FURTHER ORDERED that Defendants Song Donglin, Tom Fu, Lucy Liu, 9 Phoebe Wu, Wang Yu, and Jessica Zhang and/or registrars cancel and/or transfer the following 10 URLS to Plaintiffs Reflex Media, Inc. and/or Clover 8 Investments PTE. Ltd.: 11 1. www.seekingarrangements.org; 12 2. www.seekamillionaire.com; 13 3. www.seekingarrangementaustralia.com; 14 4. www.seeekingarrangementdatingwebsite.com; 15 5. www.seeking-arrangement-com.com; 16 6. www.seekingarrangementloginin.com; 17 7. www.seekingarrangementsreviews.com; 18 8. www.seekingarrangementdatingsite.com; and, 19 9. www.seekarrangement.com. 20 IT IS FURTHER ORDERED that Defendants Song Donglin, Tom Fu, Lucy Liu, 21 Phoebe Wu, Wang Yu, and Jessica Zhang comply with the permanent injunction and give 22 notice of such compliance within 60 (sixty) court days of having the default judgment served 23 upon them by email. 24 // 25 // 1 IT IS FURTHER ORDERED that Plaintiffs be awarded a total of $20,900,000.00 in 2 statutory damages. 3 The Clerk of Court shall enter judgment accordingly and close the case. 4 DATED this __22___ day of January, 2021. 5 6 7 ___________________________________ Gloria M. Navarro, District Judge 8 UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Reference

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