Acosta et al v. Luciano — District Court Adopts Report Recommending Default Judgment on Lanham Act and Misappropriation Claims

Disposition Notice

On November 2, 2026, Judge David Counts of the U.S. District Court for the Western District of Texas adopted in full Magistrate Judge Ronald C. Griffin's October 5, 2026 Report and Recommendation after no party filed objections, reviewing it only for clear error and finding none. The court granted the plaintiffs' Supplemental Motion for Final Default Judgment and Application for Attorney Fees and denied the earlier Default Motion as moot, stating that a separate Final Judgment will follow. The adopted report concerns claims by five professional models against Reyna Luciano, doing business as Club 305, for false association and false advertising under the Lanham Act and Texas common-law misappropriation of name or likeness, based on allegations that the defendant altered and posted the plaintiffs' images on social media to suggest they worked at or endorsed the nightclub. The report recommended entry of default judgment on those claims, an award of compensatory damages, attorney fees, prejudgment and post-judgment interest, and a permanent injunction barring further unauthorized use of the plaintiffs' names and likenesses in Club 305 advertising.

Related original: Adopted report and recommendation (Document 43, 2026-10-05).