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GENERAL MOTORS CORPORATION, a Delaware corporation, Plaintiff, v. PHAT CAT CARTS, INC., a Florida corporation f/k/a The Little Car Company, Inc., Defendant.

ORDER

SUSAN BUCKLEW, District Judge

This cause comes before the Court for consideration of Plaintiff's Motion for Preliminary Injunction. (Doc. No. 2.) This motion was considered by the United States Magistrate Judge, pursuant to a specific order of referral. (Doc. No. 22.) Magistrate Judge Scriven held a hearing on the motion on August 28, 2006. (Doc. No. 33.) Thereafter, Magistrate Judge Scriven filed her Report and Recommendation, recommending that preliminary injunctive relief be granted and that Defendant "be directed that it cannot use in any manner the trademarks, logos, or trade dress, which are identical or closely resemble those listed in Plaintiff's Verified Complaint." (Doc. No. 44.) All parties were furnished copies of the Report and Recommendation on September 28, 2006, and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed. Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED AND ADJUDGED that

(1) The Magistrate Judge's Report and Recommendation (Doc. No. 44) is adopted and incorporated by reference in this Order of the Court;
(2) Plaintiff's Motion for Preliminary Injunction (Doc. No. 4) is GRANTED to the extent consistent with the Magistrate Judge's Report and Recommendation; and
(3) The parties are directed to submit, by October 31, 2006, a joint proposed preliminary injunction order consistent with the Magistrate Judge's Report and Recommendation to be entered by this Court.

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GENERAL MOTORS CORPORATION v. PHAT CAT CARTS, INC. (M.D.Fla. 10-18-2006)
(Oct 18, 2006)