PHILIP MORRIS USA, INC. v. JACKSON (E.D.N.Y. 9-16-2011)

JOANNA SEYBERT, District Judge

In this Lanham Act case, Plaintiff moved for a default judgment and Magistrate Judge William D. Wall issued a Report and Recommendation ("R R") recommending that (1) a default judgment be entered; (2) Plaintiff be awarded $200,350; and (3) a permanent injunction be issued barring Defendants from selling counterfeit Marlboro brand cigarettes and requiring them to cooperate with Plaintiff's future investigations of counterfeit sales at Defendants' retails stores. (See R R at 7.) The time for objections has passed, and the Court finds Judge Wall's R R to be thorough, well-reasoned and free from clear error. Accordingly, the Court ADOPTS the R R in its entirety.

The Clerk of the Court shall enter a default judgment in the amount of $200,350 against Defendants George Jackson, Muhammad A. Jackson and James Watkins, jointly and severally. Additionally, Defendants are hereby permanently enjoined from selling counterfeit Marlboro brand cigarettes, and they shall be required to cooperate with Plaintiff's future investigations of counterfeit cigarette sales at their retail stores. The Clerk of the Court is further directed to mail Defendants copies of this Order and to mark this case CLOSED.

SO ORDERED.

Dated: September 14, 2011

Central Islip, New York.