Chris Horgan v. Mauricio Iragorri et al

Filing 28

JUDGMENT by Judge Dale S. Fischer: That Defendants, their officers, agents, servants, employees and attorneys, and those persons in active concert or participation with any of them, who receive actual notice of this judgment by personal service or ot herwise, are permanently enjoined and restrained. Defendants pay to Horgan his costs and his reasonable attorney's fees in the sum of $12,239.08 under 15 U.S.C. Section 1117(a). (See document for further details)(MD JS-6, Case Terminated). (ir)

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JS 6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CHRIS HORGAN, an individual,

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Plaintiff,

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v.
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MAURICIO IRAGORRI, an individual;
and BEATROPOLIS MUSIC, LLC, a
California Limited Liability Company,
Defendants.

) CASE No. 13-CV-06099-DSF
) (JCGx)
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) JUDGMENT
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This action having commenced on August 20, 2013 by the filing of the
Complaint and issuance of the Summons, and copies of the Summons and
Complaint having been served on September 12, 2013 with respect to Defendant
Mauricio Iragorri (“Iragorri”), and on October 27, 2013 with respect to Defendant
Beatropolis Music, LLC (“Beatropolis Music”) and the above Defendants not
having appeared, answered or made any motion with respect to the Complaint, and
the time for answering or otherwise responding to the Complaint having expired,
and the Court having reviewed all of the pleadings and papers on file in this action,

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Now on motion of Plaintiff,

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IT IS ORDERED, ADJUDGED, AND DECREED that final judgment in

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favor of Plaintiff Chris Horgan (“Horgan”) and against Defendants Iragorri and

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Beatropolis Music is granted and ordered as follows:

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That Defendants, their officers, agents, servants, employees and

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attorneys, and those persons in active concert or participation with any of them,

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who receive actual notice of this judgment by personal service or otherwise, are

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permanently enjoined and restrained from infringing on the BEATROPOLIS mark,

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either directly or contributorily, in any manner, including but not limited to:

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(a)

using the BEATROPOLIS name, or a reproduction, counterfeit, copy,

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colorable imitation, or substantially or confusingly similar variation thereof, in

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connection with the manufacture, distribution, publication, sale, marketing or

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promotion of sound recordings or related goods or services;

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(b)

representing that Defendants have any association or connection with

BEATROPOLIS;
(c)

otherwise infringing Horgan’s trademark rights in his

BEATROPOLIS property;
(d)

otherwise unfairly competing with Horgan with respect to his rights in

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and to his BEATROPOLIS property by engaging in conduct that is likely to cause

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confusion, or to cause mistake, or to give the public a false impression with respect

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to any possible connection between BEATROPOLIS and Defendants;

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(e)

authorizing, aiding, or abetting any person or entity to do any of the

foregoing.
2.

That Defendants file with this Court and serve on Horgan in

accordance with 15 U.S.C. Section 1116, within thirty (30) days after service on

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Defendants of this Judgment, a report in writing and under oath, setting forth in

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detail the manner and form in which Defendants have complied with this

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Judgment.

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3.

That Defendants destroy all items in their possession bearing the

BEATROPOLIS mark, in accordance with 15 U.S.C. Section 1118.
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That the Director of the United States Patent & Trademark Office

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cancel U.S. Trademark Registration No. 4,230,250 for the BEATROPOLIS

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trademark in accordance with the Court’s finding of fraud on the Trademark office

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by Defendant Iragorri.

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5.

That Defendants pay to Horgan his costs and his reasonable attorney’s

fees in the sum of $12,239.08 under 15 U.S.C. Section 1117(a).
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That this Court retains jurisdiction of the parties for the purpose of

any proceedings to enforce this Judgment and the injunction.

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DATED: 1/7/14
By:
Dale S. Fischer
United States District Judge