SATA GmbH & Co. KG v. Taizhou Xingye Pneumatic Tools Co., Ltd

District Court, D. Nevada

SATA GmbH & Co. KG v. Taizhou Xingye Pneumatic Tools Co., Ltd

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 SATA GmbH & Co. KG, ) 4 ) Plaintiff, ) Case No.: 2:19-cv-01948-GMN-BNW 5 vs. ) 6 ) ORDER TAIZHOU XINGYE PNEUMATIC TOOLS ) 7 CO., LTD, ) ) 8 Defendant. ) ) 9 10 Pending before the Court is the Report and Recommendation of United States 11 Magistrate Judge Brenda Weksler, (ECF No. 11), which recommends granting Plaintiff’s 12 Motion for Default Judgment, (ECF No. 8). 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, February 10, 2021, has passed. 25 (See Report and Recommendation, ECF No. 11). 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 11), is 3 ACCEPTED AND ADOPTED in full. 4 IT IS FURTHER ORDERED that Plaintiff’s Motion for Default Judgment, (ECF No. 5 8), is GRANTED. 6 IT IS FURTHER ORDERED that default judgment be entered in favor of Plaintiff 7 SATA GmbH & Co. KG and against Defendant Taizhou Xingye Pneumatic Tools Co., Ltd. 8 IT IS FURTHER ORDERED that Defendant Taizhou Xingye Pneumatic Tools Co., 9 Ltd and its officers, agents, servants, employees, attorneys, and all others who are in active 10 concert or participation with the aforementioned be permanently enjoined from using in 11 commerce (including through manufacturing, selling, offering for sale, distributing, promoting, 12 advertising, and/or displaying) any reproduction, counterfeit, copy, or colorable imitation likely 13 to cause confusion of a product that infringes on any of the following trademarks and/or patents 14 of Plaintiff’s: 15 1. U.S. Trademark

Registration No. 3,153,260

; 2. U.S. Trademark

Registration No. 3,072,417

; 16 3. U.S. Trademark

Registration No. 2,770,801

; 4. U.S. Trademark

Registration No. 2,774,593

; 17 5. U.S. Trademark

Registration No. 2,793,583

; 18 6. U.S. Trademark

Registration No. 4,920,510

(“1000”); 7. U.S. Trademark

Registration No. 4,920,511

(“2000”); 19 8. U.S. Trademark

Registration No. 4,920,512

(“3000”); 9. U.S. Trademark

Registration No. 4,666,773

(“4000”); 20 10. U.S. Trademark

Registration No. 2,591,111

(“RP”); 21 11. U.S. D644,716 (“’716 Patent”); 12. U.S. D548,816 (“’816 Patent”); 22 13. U.S. D552,715 (“’715 Patent”); and 14. U.S. D552,213 (“’213 Patent”). 23

24 25 1 Defendant Taizhou Xingye Pneumatic Tools Co., Ltd.’s products that infringe these trademarks 2 and/or patents include, but are not necessarily limited to, the following models: 3 1. M-1000G 2. M-808 4 3. M-4000G 4. M-3000P 5 5. MINI 3000P 6 6. H-2000 7. M-3000G 7 8. M-2000G 9. AB-17G 8 10. R-3100 9 11. An unnamed model number on MingFar’s website that infringes U.S. Design Patent D552,715 for SATAjet

3000 B. 10

11 IT IS FURTHER ORDERED that Defendant pay Plaintiff $10,000,000 in statutory 12 damages. 13 IT IS FURTHER ORDERED that Defendant pay Plaintiff $7,153 in attorneys’ fees. 14 IT IS FURTHER ORDERED that Defendant pay Plaintiff $742.10 in costs. 15 DATED this _1__6__ day of February, 2021. 16 17 18 ___________________________________ Gloria M. Navarro, District Judge 19 UNITED STATES DISTRICT COURT 20 21 22 23 24 25

Reference

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