Opinion
No. C-11-05398 RMW (JCS)
09-11-2012
EADGEAR, INC., dba WWW.EADGEAR.COM, Plaintiff, v. LEWIS LIU, aka WEI LIU et al., Defendants.
ORDER ADOPTING REPORT AND
RECOMMENDATION AND GRANTING IN
PART AND DENYING IN PART
PLAINTIFF'S MOTION FOR DEFAULT
JUDGMENT
[Re Docket Nos. 14, 22]
Plaintiff moves for default judgment. Magistrate Judge Spero held a hearing on the motion on June 15, 2012. Plaintiff's counsel failed to appear. On June 22, 2012, Judge Spero issued a report and recommendation granting the motion for default judgment against only defendant Lewis Liu on plaintiff's claims for: (1) false designation of origin under 15 U.S.C. § 1125(a) and (2) cyberpiracy under 15 U.S.C. § 1125(d). Judge Spero recommended granting $100,000 in statutory damages under 15 U.S.C. § 1125(d) and granting plaintiff's request for $595 costs, but denying plaintiff's requests for attorneys' fees and lost profits. Judge Spero also modified plaintiff's requested injunction as laid out in his order.
Having reviewed the Magistrate Judge's report and there being no objections filed, the court adopts the report and recommendation in full. The motion for default judgment is granted in part and denied in part as described therein.
______________
RONALD M. WHYTE
United States District Judge