Monster Cable Products, Inc. v. Corecomm Solutions, Inc. et al
Filing
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JUDGMENT by Judge Gary A. Feess. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: Plaintiff, MONSTER CABLE PRODUCTS, INC. ("Plaintiff"), is hereby awarded final judgment on its claims for relief against Defendant, CHARLES W. LAFFERTY ("Defendant"), in the sum of $2,000,000.00. (bp)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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MONSTER CABLE PRODUCTS, INC.,
a California Corporation,
Case No.: CV10-10028 GAF (FMOx)
JUDGMENT
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Plaintiff,
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vs.
CORECOMM SOLUTIONS, INC., a
Delaware Corporation; CHARLES W.
LAFFERTY, an Individual; and Does 110, Inclusive,
Defendants.
_________________________________
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
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Plaintiff, MONSTER CABLE PRODUCTS, INC. (“Plaintiff”), is hereby
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awarded final judgment on its claims for relief against Defendant, CHARLES W.
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LAFFERTY (“Defendant”), in the sum of $2,000,000.00 (15 U.S.C. §1117 (c)(2)),
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as the prevailing party in this action, pursuant to Rule 55(b) of the Federal Rules of
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Civil Procedure and under Local Rule 55-1. Under Local Rule 55-3, Plaintiff is
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awarded attorneys’ fees of $5,600.00. Pursuant to 15 U.S.C. §1117(a), Plaintiff is
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entitled to judgment against said Defendant for recovery of total costs Plaintiff has
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incurred in this action due to Defendant’s violation of 15 U.S.C. §1125(a), and
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willful violation of 15 U.S.C. §1125(c) in the amount of $672.39. Furthermore,
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Defendant is permanently enjoined and restrained from the following activities and
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conduct and ordered as follows:
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a)
Defendant and any person or entity acting in concert with, or at the
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direction of him, including any and all agents, servants, employees, partners,
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assignees, distributors, suppliers, resellers and any others over which he may
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exercise control, are hereby restrained and enjoined, from engaging in, directly or
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indirectly, or authorizing or assisting any third party to engage in, any of the
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following activities in the United States and throughout the world:
i)
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copying, manufacturing, importing, exporting, marketing, sale,
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offering for sale, distributing or dealing in any product or service that uses, or
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otherwise making any use of, any of Plaintiff’s MONSTER® trademarks, and/or
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any intellectual property that is confusingly or substantially similar to, or that
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constitutes a colorable imitation of, any of Plaintiff’s MONSTER® trademarks,
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whether such use is as, on, in or in connection with any trademark, service mark,
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trade name, logo, design, Internet use, website, domain name, metatags,
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advertising, promotions, solicitations, commercial exploitation, television, web-
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based or any other program, or any product or service, or otherwise;
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ii)
performing or allowing others employed by or representing him,
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or under his control, to perform any act or thing which is likely to injure Plaintiff,
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any of Plaintiff’s MONSTER® trademarks, and/or Plaintiff’s business reputation
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or goodwill;
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iii)
engaging in any acts of federal and/or state trademark
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infringement, false designation of origin, unfair competition, dilution, or other act
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which would tend damage or injure Plaintiff; and/or
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iv)
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using any Internet domain name or website that includes any of
Plaintiff’s MONSTER® trademarks.
b)
Defendant is ordered to deliver immediately for destruction all
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unauthorized products, including counterfeit MONSTER® products and related
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products, labels, signs, prints, packages, wrappers, receptacles and advertisements
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relating thereto in his possession or under his control bearing any of Plaintiff’s
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intellectual property or any simulation, reproduction, counterfeit, copy or colorable
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imitations thereof, and all plates, molds, heat transfers, screens, matrices and other
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means of making the same, to the extent that any of these items are in Defendant’s
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possession.
IT IS SO ORDERED, ADJUDICATED and DECREED this 19th day of
July, 2011.
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_______________________________
HON. GARY A. FEESS
United States District Court Judge for the
Central District of California
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