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Marchex Sales, Inc. v. Tecnologia Bancaria, S.A.

United States District Court, E.D. Virginia, Alexandria Division

June 15, 2015

MARCHEX SALES, INC., Plaintiff,
v.
TECNOLOGIA BANCARIA, S.A., Defendant.

ORDER

LIAM O'GRADY, District Judge.

On May 21, 2015, Magistrate Judge John Anderson issued a Report and Recommendation ("Report"), in which he recommended that default judgment be entered in favor of Plaintiff Marchex Sales, Inc. against Defendant Tecnologia Bancaria, S.A. He recommended a finding that Plaintiff's registration and use of the subject domain names is lawful under the Lanham Act. He also recommended that the Court direct Network Solutions LLC not to implement the World Intellectual Property Organization ("WIPO") panel's decision of September 26, 2014 and to remove whatever hold or transfer order is currently pending against the subject domain names: and.

The parties were advised that any objections to the Report had to be filed within fourteen days of receipt of the Report and that failure to file timely objections waived appellate review of any judgment based on the Report. As of June 15, 2015, no objections have been filed. Having fully reviewed the Report, case file, and Plaintiff's Motion for Default Judgment with its attachments, the Court finds that the Report accurately states the relevant facts and law.

Accordingly, the Court adopts the findings and conclusions of the Report (Dkt. No. 17) and for the reasons stated therein, Plaintiff's Motion for Default Judgment (Dkt. No. 11) is GRANTED, and it is hereby

ORDERED that Judgment by Default be entered in favor of Plaintiff Marchex Sales, Inc. against Defendant Tecnologia Bancaria, S.A. It is also

ORDERED that Network Solutions LLC shall not implement the WIPO panel's decision of September 26, 2014 and must remove whatever hold or transfer order is currently pending against the subject domain names: and. It is further

ORDERED that Plaintiff's registration and use of the subject domain names is hereby declared lawful under the Lanham Act.

The Clerk is thus directed to enter judgment in the plaintiff's favor pursuant to Federal Rule of Civil Procedure 55 and to forward copies of this Order, along with the Judgment by Default, to counsel of record for Plaintiff and to Defendant at the address listed in the case file.


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