Xcentric Ventures LLC v. Mediolex Limited et al

Filing 1

COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-6300413, filed by Xcentric Ventures LLC (submitted by Maria Speth). (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(REK)

EXHIBIT A

Case 2:08-cv-02299-HRH Document 16

Filed 10/22/09 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

XCENTRIC VENTURES, L.L.C., an
Arizona Limited Liability
Corporation,

)
)
)
)
Plaintiff,
)
)
vs.
)
)
ELIZABETH ARDEN, d/b/a
)
Complaintsboard.com, et al.,
)
)
Defendants. )
___________________________________)

No. 2:08-cv-2299-HRH

JUDGMENT
This matter came on regularly before the court, the plaintiff
appearing by and through its attorneys, Jaburg & Wilk, P.C., by
Maria

Crimi

Speth.

The

defendant

Elizabeth

Arden,

d/b/a

ComplaintsBoard.com, has failed to appear either in person or by
counsel.

The court has heretofore granted plaintiff’s motion for

entry of default judgment.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment be
entered in favor of the plaintiff XCENTRIC VENTURES, LLC, and
against the defendant ELIZABETH ARDEN, d/b/a COMPLAINTSBOARD.COM,
as follows:
A.

For

statutory

damages

in

the

principal

amount

of

$60,000.00;
B.

For interest on the statutory damages at the federal

legal rate of 2.08% per annum from the date of this judgment until
paid in full;
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Case 2:08-cv-02299-HRH Document 16

C.

Filed 10/22/09 Page 2 of 3

For plaintiff's taxable costs in the principal amount of

$396.59;
D.

For plaintiff's attorney fees in the principal amount of

$3,145.00; and
E.

For interest on plaintiff's taxable costs and attorney

fees at the federal legal rate of 2.08% per annum from the date of
this judgment until paid in full.
PERMANENT INJUNCTION
IT

IS

FURTHER

ORDERED

that

Elizabeth

Arden,

d/b/a

ComplaintsBoard.com, and its officers, agents, employees, independent contractors, or other persons acting under its supervision and
control or at its request are permanently enjoined from:
A.

Willfully

using

without

authorization

copyrighted

material owned by or licensed to any of the following:
a.

Xcentric Ventures, LLC

b.

Ripoff Report

c.

Any customer of Xcentric or Ripoff Report.

B.

Willfully

using

without

authorization

the

"RIP-OFF

REPORT" mark in connection with any consumer complaint website,
message board, blog, article, or any other type of publication.
IT IS FURTHER ORDERED directing defendant ComplaintsBoard
remove all content that is in violation of the permanent injunction
from www.complaintsboard.com.
within

seven

(7)

days

In the event that is not completed

of

this

judgment,

the

host

of

www.complaintsboard.com is directed to terminate services for
ComplaintsBoard until such time that ComplaintsBoard removes all

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Case 2:08-cv-02299-HRH Document 16

Filed 10/22/09 Page 3 of 3

infringing content from www.complaintsboard.com and is in compliance with this permanent injunction.
IT

IS

FURTHER

ORDERED

that

in

the

event

defendant

ComplaintsBoard fails to remove the content that is in violation of
the permanent injunction from the website www.complaintsboard.com
within seven (7) days of this judgment, pursuant to Section 3.b of
the Uniform Domain Name Dispute Resolution Policy, plaintiff may
obtain

transfer

of

the

registration

from

the

Domain

Name

Registrar(s) of the domain names for all websites still containing
content in violation of the permanent injunction, including, but
not necessarily limited to, www.complaintsboard.com.
IT IS FURTHER ORDERED that those domain names transferred to
plaintiff pursuant to this judgment shall not be used for any
commercial purpose.
IT IS FURTHER ORDERED that this permanent injunction applies
to ComplaintsBoard.com regardless of the name or names it uses or
goes by or may in the future use or go by.
DATED at Anchorage, Alaska, this 22nd day of October, 2009.

/s/ H. Russel Holland
United States District Judge

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