GS Holistic, LLC v. Mellowmood Smokeshop

• Court: District Court, M.D. Florida
• Decided: August 5, 2025
• Docket: 8:22-cv-02518
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

GS HOLISTIC, LLC,

Plaintiff,

v. Case No. 8:22-cv-2518-KKM-CPT

MELLOWMOOD SMOKESHOP, et al.,

Defendants.

ORDER In a July 2, 2025, Report and Recommendation (R&R) (Doc. 56), the United States Magistrate Judge recommends granting in part and denying in part Plaintiff GS Holistic’s Motion for Default Judgment against Defendants Trina Tran and Camvan Tran, (Doc. 51). After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge’s Report and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and

specific objection to a finding of fact by a magistrate judge, the district court must review de novo that factual issue. , 952 F.2d 1567, 1576 (11th Cir. 1992). The district court reviews legal conclusions de novo, even absent an

objection. , 37 F.3d 603, 604 (11th Cir. 1994); , 379 F. Supp. 3d 1244, 1246

(M.D. Fla. 2019). In the absence of any objection and after reviewing the factual allegations and

legal conclusions, I adopt the Report and Recommendation. Accordingly, it is ORDERED:

1. e Magistrate Judge’s Report and Recommendation (Doc. 56) is ADOPTED and made a part of this Order for all purposes. 2. e Motion for Default Judgment (Doc. 51) is GRANTED in part

and DENIED in part.

3. e Clerk is directed to ENTER JUDGMENT which shall read “Judgment is entered in favor of GS Holistic and against Camvan Tran and Trina Tran on Counts I and II, with statutory damages as to Count I in the amount of $100,000 and $532 in costs, with interest

accruing at the current per annum legal rate, for which sum let execution issue.” 4. Defendants Trina Tran and Camvan Tran and their agents, employees, officers, directors, owners, representatives, successor companies, related

companies, and all persons acting in concert or participation with them

are PERMANENTLY ENJOINED from the following: Importing, exporting, making, manufacturing, reproducing, assembling, using, acquiring, purchasing, offering, selling, transferring, brokering, consigning, distributing, storing, shipping, licensing, developing, displaying, delivering, marketing, advertising, or promoting the

counterfeit “G Pen” products, meaning products bearing the “G Pen”

trademarks (U.S. Trademark Registration Numbers 4,462,090 and

4,466,586), counterfeits, copies, or colorful imitations thereof.

5. ‘The Clerk is directed to CLOSE this case.

ORDERED in Tampa, Florida, on August 5, 2025.

athryn’ Kimball Mizelle United States District Judge