Bravado International Group Merchandising Services, Inc. et al v. Ninna, Inc. et al

Filing 52

REPORT AND RECOMMENDATIONS re 40 MOTION for Default Judgment: It is respectfully recommended that: 1) default judgment enter against defendants Ninna, Heylick, Hollywood, Cmegamall.com, Rocktshirtspunk.com, Mosh-pitt.com, and Jacob Michailov in the amount of $300,000 for use of a counterfeit mark in violation of the Lanham Act; 2) a permanent injunction enter against these seven defendants prohibiting them from selling, manufacturing, and/or distributing any items bearing the names, trade marks, logos, or likenesses of Morrissey, Metallica, Slayer, Korn, Guns N Roses, Led Zeppelin, The Clash, Iron Maiden, Motorhead, or Depeche Mode; 3) plaintiffs request for enforcement of the California judgment against these defendants as fraudulent transferees of I Schwartz be denied; 4) plaintiffs request for enforcement of the California judgment against defendant Jacob Michailov as an alter ego of I Schwartz be denied; 5) plaintiffs request to enter default and issue a default judgment agai nst defendant Peter Michailow be denied; and 6) the claims against the remaining two defendants, I Schwartz and David Michailow, be dismissed without prejudice for failure to effect proper service. Objections to R&R due by 9/1/2009. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/18/2009. (Cooper, David)