Chicago's Pizza Inc. v. KSM Pizza, Inc. ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHICAGO’S PIZZA INC., No. 2:19-cv-02373-DJC-CKD 12 Plaintiff, ORDER 13 v. 14 KSM PIZZA, INC., 15 Defendant. 16 17 On January 17, 2024, the Magistrate Judge filed findings and 18 recommendations herein which were served on the parties and which contained 19 notice that any objections to the findings and recommendations were to be filed 20 within fourteen days. No objections were filed. 21 Accordingly, the Court presumes that any findings of fact are correct. See 22 Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s 23 conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 24 708 F.2d 452, 454 (9th Cir. 1983). 25 The Court has reviewed the applicable legal standards and, good cause 26 appearing, concludes that it is appropriate to adopt the Proposed Findings and 27 Recommendations in full. 28 //// 1 Accordingly, IT IS ORDERED that: 2 1. The Proposed Findings and Recommendations filed January 17, 2024, are 3 ADOPTED; 4 2. Plaintiff’s motion for default judgment against defendant (ECF No. 68) is 5 GRANTED; 6 3. Defendant, its agents, representatives, employees, assigns, and suppliers, 7 and all persons acting in concert or privity with Defendant, are permanently 8 enjoined from the following activities: 9 a. Using the CPI Logo, or any other name, mark, designation, or 10 depiction in a manner that is likely to cause confusion regarding 11 whether Defendant is affiliated or associated with or sponsored by 12 CPI; 13 b. Practicing trademark infringement, unfair competition, false 14 designation of origin, passing off, false advertising, against CPI or 15 misappropriation of CPI’s trademark rights; and 16 c. Assisting, aiding, or abetting any other person or business entity in 17 engaging in or performing any of the activities referred to in 18 subparagraphs 2(a) and 2(b) above. 19 4. Defendant is ordered to deliver to plaintiff for destruction all infringing 20 articles and associated packaging and promotional materials pursuant to 15 21 U.S.C. § 1118. 22 5. Defendant is ordered to engage in corrective advertising to the extent 23 necessary to correct any consumer confusion or misperceptions resulting 24 from defendant’s unlawful acts complained of above. 25 6. Defendant is ordered to file with the Court and serve upon plaintiff a written 26 report under oath setting forth in detail the manner and form in which 27 defendant has complied with the injunction and judgment within thirty (30) 28 days after the service of the injunction and judgment upon defendant. 1 7. Defendant shall pay plaintiff's costs of suit in the amount of $674.79 and 2 attorneys’ fees in the amount of $139,184.50. 3 8. The Clerk of Court is directed to CLOSE this case. 4 5 IT IS SO ORDERED. é| Dated: _February 23, 2024 “Daal A Hon. Daniel alabretta / UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28