Rolex Watch U.S.A., Inc. v. Munn

District Court, E.D. Texas

Rolex Watch U.S.A., Inc. v. Munn

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00323 Rolex Watch U.S.A., Inc., Plaintiff, V. Michael Munn, Defendant. Before BARKER, District Judge ORDER Plaintiff Rolex Watch U.S.A. Inc. filed this action against Defendant Michael Munn alleging trademark counterfeiting and infringement in violation of

15 U.S.C. § 1114

. Doc. 1. The case was referred to United States Magistrate Judge John D. Love pursuant to

28 U.S.C. § 636

. On September 19, 2019, the clerk entered default against Munn under Federal Rule of Civil Procedure 55(a). Doc. 9. Thereafter, Rolex filed a motion for default judgment. Doc. 11. On November 8, 2019, Judge Love issued a report and rec- ommendation that Rolex’s motion for default judgment be granted. Doc. 12. Judge Love found that Rolex is entitled to a permanent injunction, $1.6 million in statutory damages, $7,179 in attorney’s fees, and $400 in costs. Munn filed no ob- jections after service of the report and recommendation. The court finds no “clear error on the face of the record.” Douglass v. United Servs. Auto. Ass'n,

79 F.3d 1415, 1420

(Sth Cir. 1996) (en banc) (quoting Fed. R. Civ. P. 72(b) advisory committee’s note (1983)). Accordingly, the report and recom- mendation (Doc. 12) is adopted. Fed. R. Civ. P. 72(b)(3). Plain- tiff's motion for default judgment (Doc. 11) is granted. Final judgment and a permanent injunction will be entered by sep- arate order.

So ordered by the court on January 7, 2020.

J. “CAMPBELL BARKER United States District Judge

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