S:\ORDERS to BE ENTERED\Moza.Rr.Damages.Wpd
2:10-cv-11865-AJT-RSW Doc # 97 Filed 07/31/12 Pg 1 of 4 Pg ID 1747 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MOZA, INC., ET AL., Case No. 10-11865 Plaintiffs, District Judge Arthur J. Tarnow -vs- Magistrate Judge R. Steven Whalen BRASSEUR, INC., ET AL., Defendants. / REPORT AND RECOMMENDATION Before the Court is Plaintiffs’ Motion for Award of Damages Pursuant to Default Judgment [Doc. #73]1, which has been referred for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). I recommend that the motion be GRANTED, and that the Court enter an Amended Order of Default Judgment against Defendant S&S Hat Company, Inc. in the amount of $246,495.10, plus statutory interest from the date of filing of the complaint. I. FACTS Plaintiffs brought this case under 15 U.S.C. §§ 1125(a)(1)(A) and (B), alleging trademark and trade dress infringement by Defendant S&S Hat Company, Inc. (“S&S Hat”), with regard to the “Original Inaugural Hat,” designed by Plaintiff Wook Song, a/k/a Luke Song, and worn by Aretha Franklin at President Barack Obama’s inauguration. On May 31, 2011, the Court entered a default judgment against S&S Hat [Doc. #65]. The default judgment provided as follows, in pertinent part: 1 Plaintiffs’ counsel sought concurrence in this motion from Michael Saft, owner of S&S Hat Company, Inc. Mr. Saft did not concur in the motion, nor did a representative of S&S Hat Company, Inc. appear at any hearings on this motion.
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