United States District Court, N.D. Indiana, Fort Wayne Division
FINDINGS, REPORT AND RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE PURSUANT TO 28 U.S.C. § 636(B)(1)(B)
R. CHERRY, MAGISTRATE JUDGE UNITED STATES DISTRICT COURT.
matter is before the Court on Plaintiff's Motion for
Entry of Default Judgment [DE 29], filed by Plaintiff North
American Van Lines, Inc. (“NAVL”) on June 1,
20, 2018, District Court Chief Judge Theresa L. Springmann
entered an Order [DE 31] referring this matter to the
undersigned Magistrate Judge for a report and recommendation
on the instant motion pursuant to 28 U.S.C. §
636(b)(1)(B). This Order was clarified in a July 24, 2018
Order issued by Judge Springmann. This Report constitutes the
undersigned Magistrate Judge's combined proposed findings
and recommendations pursuant to 28 U.S.C. §
636(b)(1)(C). For the following reasons, the Court recommends
that Judge Springmann award the remedies requested by NAVL
with a couple of alterations.
14, 2018, NAVL filed a Complaint against Defendants North
America Prime Inc. (“NA Prime”) and Ean Manning.
NAVL brings claims of trademark infringement in violation of
15 U.S.C. § 1114, cybersquatting in violation of 15
U.S.C. § 1125(d), and unfair competition in violation of
15 U.S.C. § 1125(a) and common law.
June 20, 2018 Order, Judge Springmann found that default by
NA Prime and Manning had been established and that NA Prime
and Manning are liable to NAVL as alleged in the Complaint.
Judge Springmann referred this matter to the undersigned for
a report and recommendation on damages. Judge Springmann
clarified in a July 24, 2018 Order that the report and
recommendation should address all of NAVL's requested
undersigned ordered a supplemental brief in support of
default judgment, which NAVL filed on August 21, 2018. This
brief was itself supplemented, at the Court's order, on
September 4, 2018.
default is entered in a case, the Court accepts as true all
well-pled allegations in the complaint regarding liability.
VLM Food Trading Int'l, Inc. v. Illinois Trading
Co., 811 F.3d 274, 255 (7th Cir. 2016). Thus, the
following statements, taken from the Complaint, are
considered true for the purpose of the instant motion.
markets and provides transportation services under the
trademark NORTH AMERICAN and the trade name NORTH AMERICAN
VAN LINES (collectively, the “NAVL Marks”). NAVL
is the exclusive owner of all property rights in the NAVL
Marks, which have been in continuous use since 1971.
has extensively advertised and promoted the NAVL Marks in
association with its business, and NAVL has spent millions of
dollars to advertise, promote and sell its services using the
NAVL Marks. NAVL has permanently displayed the NAVL Marks on
trucks, trailers, shipping materials, sales contracts,
business signs located on the premises of authorized NAVL
agents, and its websites www.northamericanvanlines.com and
www.northamerican.com. NAVL also uses the NAVL Marks in
yellow page listings, advertisements, and brochures.
result of NAVL's continuous use of the NAVL Marks in
connection with its advertising, promotion, distribution, and
sale of transportation services, the general consuming public
has come to recognize the NAVL Marks as originating from and
used by NAVL and to associate and identify the services
offered and sold under the NAVL Marks exclusively with NAVL.
NAVL derives goodwill from this recognition, association, and
identification by the consuming public.
currently the president of NA Prime, was formerly an officer
of a company named North America Van Lines, Inc., which
operated a website under the domain name
northamericavanlines.com. The other officer of North America
Van Lines, Inc. was Eli Ashkenazi.
November 18, 2015, NAVL sent a cease and desist letter to
North America Van Lines, Inc. advising it of NAVL's
trademark rights and demanded that North America Van Lines,
Inc. cease all use of the NAVL Marks and cease use and
operation of the www.northamericavanlines.com domain name and
December 1, 2015, recognizing NAVL's trademark rights,
North America Van Lines, Inc.'s attorney assured NAVL
that all use of the NAVL Marks would cease and that it would
cease use and operation of the northamericavanlines.com
domain name and website.
America Van Lines, Inc. voluntarily dissolved in 2016 and the
northamericavanlines.com domain name was abandoned. However,
on May 17, 2016, NAVL again was required to enforce its
rights against Ashkenazi under a new company he started named
North American Moving Company, Inc., which ...