LegalZoom.com Inc v. Brenwell Media LLC et al

Filing 10

FINAL JUDGMENT AND PERMANENT INJUNCTION: 1. This Court has jurisdiction over the subject matter of this Action and over the parties hereto. 2. LegalZoom is the owner of the LEGALZOOM Marks, which are valid, enforceable, well-known and highly recogniz ed. 3. Defendant engaged in distributing, advertising, marketing, promoting, offering for sale and selling services under the BAILZOOM Marks. 4. Defendant and its officers, members, principals, agents, servants,employees and all persons and entities in active concert or participation with any of them, be and hereby are permanently restrained and enjoined. 5. Defendant is liable to LegalZoom for monetary compensation in the amount specified in the Agreement. 6. Each party shall bear its own costs , expenses, and attorneys' fees associated with this Action. 7. The execution of this Final Judgment shall serve to bind and obligate the parties hereto. 8. The jurisdiction of this Court is retained for the purpose of making any further orders necessary or proper for the construction or modification of this Final Judgment, the enforcement thereof and the punishment of any violationsthereof. Except as otherwise provided herein, this Action is fully resolved withprejudice as to Defendant. 9. After the Court has entered this Judgment, LegalZoom shall promptly serve a copy of it to Defendant, and LegalZoom shall file with the Court a proof of service thereof within ten (10) days thereafter by Judge John A. Kronstadt. (MD JS-6. Case Terminated) (ir)

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1 2 3 4 5 6 7 RUSS, AUGUST & KABAT LARRY C. RUSS, State Bar No. 082760 E-mail: lcruss@raklaw.com IRENE Y. LEE, State Bar No. 213625 E-mail: ilee@raklaw.com ROBERT F. GOOKIN, State Bar No. 251601 E-mail: rgookin@raklaw.com Twelfth Floor 12424 Wilshire Boulevard, Los Angeles, California 90025 Telephone: 310.826.7474 Facsimile: 310.826.6991 8 9 Attorneys for Plaintiff LegalZoom.com, Inc. RUSS, AUGUST & KABAT 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 LEGALZOOM.COM, INC., a Delaware corporation 14 15 16 17 18 Plaintiff, vs. BRENWELL MEDIA, LLC; and DOES 1-10, CASE NO. CV12-10706 JAK (MANx) Assigned to The Honorable John A. Kronstadt, Courtroom Roybal 750 FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST BRENWELL MEDIA, LLC JS-6 Defendants. 19 20 21 22 23 24 25 26 27 28 1. Legalzoom.Proposed Consent Judgment.docx FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST BRENWELL MEDIA, LLC 1 WHEREAS, Plaintiff LegalZoom.com, Inc. (“Plaintiff” or “LegalZoom”) is 2 the exclusive and sole owner of the rights in various LEGALZOOM and 3 LEGALZOOM.COM marks in connection with marketing and providing, among 4 other things, self-help legal solutions, self-help legal document services, general 5 legal information, attorney referral services, registered agent services, and legal 6 plan services, including United States Trademark Registration Nos. 3,211,009; 7 3,210,728; 3,210,861; 2,540,549; 3,569,400; and 3,748,170 (collectively, the 8 “LEGALZOOM Marks”); WHEREAS, Defendant Brenwell Media, LLC (“Defendant” or “Brenwell”) 10 RUSS, AUGUST & KABAT 9 has used and continues to use various names, marks and logos containing the term 11 ZOOM, 12 BAILZOOM.NET, 13 NATIONWIDE BAIL BOND SERVICE & DESIGN in connection with 14 advertising and marketing online bail bond services and service providers over the 15 Internet (collectively, the “BAILZOOM Marks”) and has a trademark application 16 for BAILZOOM NATIONWIDE BAIL BOND SERVICE & DESIGN, Serial No. 17 85/406,236, pending before the United States Patent and Trademark Office (the 18 “Application”); including, without limitation, BAILZOOM, BAILZOOMAGENTS.COM, BAILZOOM.COM, and BAILZOOM 19 WHEREAS, a dispute has arisen between LegalZoom and Brenwell in that 20 LegalZoom has alleged that Brenwell’s use of and attempt to register the 21 BAILZOOM Marks violates LegalZoom’s rights in the LEGALZOOM Marks and 22 constitutes, among other things, false designation of origin and unfair competition; 23 WHEREAS, on or about December 14, 2012, LegalZoom commenced the 24 above-captioned action (“Action”) against Defendant, alleging claims of trademark 25 infringement, trademark dilution, false designation of origin and unfair 26 competition; 27 /// 28 1 [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST BRENWELL MEDIA, LLC 1. Legalzoom.Proposed Consent Judgment.docx 1 WHEREAS, LegalZoom and Brenwell have reached a full and final 2 settlement of the Action, which settlement was memorialized in a certain document 3 dated February 4, 2013 (the “Agreement”); and 4 WHEREAS, the Agreement provides, in pertinent part, that Brenwell 5 consents to the entry of a permanent injunction enjoining use of any references and 6 uses of the term ZOOM, including, without limitation, the BAILZOOM Marks, in 7 any advertisements or other commercial undertakings. 8 NOW, THEREFORE, it is, 9 ORDERED, ADJUDGED and DECREED that: RUSS, AUGUST & KABAT 10 11 1. over the parties hereto. 12 13 2. LegalZoom is the owner of the LEGALZOOM Marks, which are valid, enforceable, well-known and highly recognized. 14 15 This Court has jurisdiction over the subject matter of this Action and 3. Defendant engaged in distributing, advertising, marketing, promoting, offering for sale and selling services under the BAILZOOM Marks. 16 4. Defendant and its officers, members, principals, agents, servants, 17 employees and all persons and entities in active concert or participation with any of 18 them, be and hereby are permanently restrained and enjoined from infringing upon 19 Plaintiff’s LEGALZOOM Marks, either directly or indirectly, in any manner, 20 including: 21 (a) distributing, circulating, advertising, marketing, promoting, 22 importing, exporting, displaying, shipping, offering for sale or selling services 23 related to legal solutions, document services, legal information, attorney referral 24 services, bail bond services, registered agent services or legal plan services under 25 the term ZOOM in any names, advertisements, or other commercial undertakings 26 after March 30, 2013; 27 /// 28 1. Legalzoom.Proposed Consent Judgment.docx 2 FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST BRENWELL MEDIA, LLC 1 (b) distributing, circulating, advertising, marketing, promoting, 2 importing, exporting, displaying, shipping, offering for sale or selling goods or 3 services bearing a mark identical and/or confusingly similar to Plaintiff’s 4 LEGALZOOM Marks, such infringing marks including the BAILZOOM Marks, 5 after March 30, 2013; 6 (c) filing with the United States Patent & Trademark Office and/or 7 the Trademark Trial and Appeal Board document(s) necessary to voluntarily 8 withdraw and abandon the Application; 9 (d) committing any other acts calculated to cause purchasers to RUSS, AUGUST & KABAT 10 believe that Defendant’s services are Plaintiff’s genuine services or associated with 11 Plaintiff in any way; and 12 (e) assisting, aiding or attempting to assist or aid any other person 13 or entity in performing any of the prohibited activities referred to in Paragraphs 14 5(a) to 5(d) above. 15 16 5. amount specified in the Agreement. 17 18 6. Each party shall bear its own costs, expenses, and attorneys’ fees associated with this Action. 19 20 Defendant is liable to LegalZoom for monetary compensation in the 7. The execution of this Final Judgment shall serve to bind and obligate the parties hereto. 21 8. The jurisdiction of this Court is retained for the purpose of making 22 any further orders necessary or proper for the construction or modification of this 23 Final Judgment, the enforcement thereof and the punishment of any violations 24 thereof. Except as otherwise provided herein, this Action is fully resolved with 25 prejudice as to Defendant. 26 /// 27 /// 28 1. Legalzoom.Proposed Consent Judgment.docx 3 FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST BRENWELL MEDIA, LLC 1 9. After the Court has entered this Judgment, LegalZoom shall promptly 2 serve a copy of it to Defendant, and LegalZoom shall file with the Court a proof of 3 service thereof within ten (10) days thereafter. 4 5 Dated: February 28, 2013 John A. Kronstadt United States District Judge 6 7 8 9 RUSS, AUGUST & KABAT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Legalzoom.Proposed Consent Judgment.docx 4 FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST BRENWELL MEDIA, LLC

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