Volkswagen Group of America, Inc. v. accesaudi.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division VOLKSWAGEN GROUP OF ) AMERICA, INC., ) Plaintiff, ) Case No. 1:23-ev-849 ) ACCESAUDL.COM, ef al., ) Defendants. ) ORDER On November 29, 2023, United States Magistrate Judge William E. Fitzpatrick entered a Report and Recommendation in this case, recommending that default judgment be entered in favor of Plaintiff Volkswagen Group of America, Inc., and against Defendant domain names <ac- cesaudi.com>, <acessaudi.com>, and <knowmyvw.com> on Plaintiff's Complaint. Upon consideration of the record and Judge Fitzpatrick’s Report, to which no objections have been filed, and having found no clear error,! the Court ADOPTS, as its own, the report and recommendation of the United States Magistrate Judge. (Dkt. 38).” Accordingly, It is hereby ORDERED that Plaintiff's motion for default judgment (Dkt. 32) is GRANTED. 1 In the absence of any objections to a magistrate judge’s report, a court “need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). 2 The Magistrate Judge correctly explained that the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125 ef seg., grants this Court statutory in rem jurisdiction over the defendant domain names. R. & R. at 7-10 (Dkt. 38). It is worth adding that, because the defendant res is located in this District, see id. at 10-11, exercising in rem jurisdiction poses no constitutional problem. See Porsche Cars N. Am., Inc. v. Porsche.net, 302 F.3d 248, 259-60 (4th Cir. 2002). It is further ORDERED that default judgment is ENTERED in favor of Plaintiff and against Defendants on the Complaint. It is further ORDERED that Verisign, Inc., as the registry for the following domain names, are DIRECTED to change the registrar of record for the domain names <accesaudi.com>, <aces- saudi.com>, and <knowmyvw.com> to GoDaddy, Inc. It is further ORDERED that GoDaddy, Inc., is DIRECTED to take all necessary steps to list Plaintiff as the registrant for the domain names <accesaudi.com>, <acessaudi.com>, and <knowmyvw.com>. The Clerk of the Court is directed to enter Rule 58 judgment against Defendants and in favor of Plaintiff. The Clerk is further directed to provide a copy of this Order to all counsel of record, to Defendants’ last known addresses of record, and to place this matter among the ended causes. Alexandria, Virginia December 14, 2023 TS. Ellis, 1 Senior ed States District Judge