American Automobile Association, Inc., The v. Advance Quotes LLC et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 26 Report and Recommendations and adopting Report and Recommendations re 27 Report and Recommendations in their entirety. ORDER granting 16 Motion for Default Judgment; granting 21 Motion to Dismi ss Party, Party Does 1-10 Terminated. Pursuant to 15 U.S.C. § 1116, Defendants are directed to file with this Court and serve on Plaintiff within thirty (30) days after the service of the permanent injunction a report in writing under oath sett ing forth in detail the manner and form in which Defendants have complied with the injunction. Failure to comply with the Courts order may result in contempt proceedings against Defendants. Signed by Honorable Robert T. Dawson on July 26, 2010. (dmc)

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American Automobile Association, Inc., The v. Advance Quotes LLC et al Doc. 28 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION AMERICAN AUTOMOBILE ASSOCIATION, INC. v. ADVANCE QUOTES, LLC; JEFF MCCLENDON; and JOHN DOES 1-10 ORDER Now on this 26th day of July 2010, there comes on for consideration the report and recommendations filed on June 28, 2010 (doc. 26) and June 29, 2010 (doc. 27), by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. No objections were filed to the report and Case No. 10-6020 PLAINTIFF DEFENDANTS recommendations. The court has reviewed finds this as case and, being The well and and sufficiently advised, follows: report recommendations are proper and should be and hereby are adopted in their entirety. Accordingly, Plaintiff's Motion to Dismiss (doc. 21) is GRANTED, and John Does 1-10 are DISMISSED as defendants. Further, Plaintiff's Motion for Default Judgment (doc. 16) is GRANTED against Advance Quotes, LLC and Jeff McClendon, and these defendants are permanently enjoined from using any of Plaintiff's marks, including the "AAA" mark, on any of their websites, including www.medicalquotefinder.com. Defendants are also enjoined from engaging in any "pay-per-click" advertising with Plaintiff's marks. Finally, a default judgment will be entered against AO72A (Rev. 8/82) Dockets.Justia.com Defendants for $19,982.00 in attorney's fees and $910.30 in costs to be awarded to Plaintiff. Pursuant to 15 U.S.C. 1116, Defendants are directed to file with this Court and serve on Plaintiff within thirty (30) days after the service of the permanent injunction a report in writing under oath setting forth in detail the manner and form in which Defendants have complied with the injunction. Failure to comply with the Court's order may result in contempt proceedings against Defendants. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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