Ketab Corp v. Mesriani and Associates, P.C. et al

Filing 292

JUDGMENT by Judge Ronald S.W. Lew in favor of Melli Yellow Pages, Inc., Studio Cinegraphic Los Angeles Inc, Seyed Ali Limonadi and against Ketab Corp. SEE JUDGMENT FOR COMPLETE DETAILS. (MD JS-6, Case Terminated). (jre)

JS-6

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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Case No. 2:14-cv-07241-RSWL (MRW)

KETAB CORP., a California
Corporation,

JUDGMENT

Plaintiff,

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vs.

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MESRIANI LAW GROUP, a California
Corporation, RODNEY MESRIANI, an
individual, SEYED ALI LIMONADI, aka
ALI LIMONADI, an individual; STUDIO
CINEGRAPHIC LOS ANGELES, dba
IRTV; MELLI YELLOW PAGES, INC.,
and DOES 1 through 10, inclusive,

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Hon. Ronald S. W. Lew

Defendants.

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JUDGMENT

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On January 29, 2016, the Court dismissed Plaintiff Ketab Corp.’s claims for

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trademark dilution, contributory trademark infringement, vicarious trademark

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infringement, breach of contract, and intentional and negligent interference with

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economic relations against Defendants Melli Yellow Pages, Studio Cinegraphic Los

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Angeles, and Ali Limonadi (collectively “Melli Defendants”). ECF 191.

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On May 3, 2016, the matter came for a bench trial on Plaintiff’s remaining

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claims of trademark infringement, counterfeiting, and unfair competition. At the close

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of Plaintiff’s case, the Court granted Melli Defendants’ motion for judgment as a

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matter of law on Plaintiff’s remaining claims, construing the motion under Federal

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Rule of Civil Procedure 52(c) for judgment based on partial findings in a bench trial.

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ECF 289. It is therefore ORDERED, ADJUDGED, and DECREED that:

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(1)

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Melli Defendants have not infringed Plaintiff’s Registration No.
3,271,704 (the “08” mark).

(2)

Plaintiff’s claimed mark “Yellow Page-e Iranian” is not protectable as a

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trademark because it is generic or a merely descriptive mark that has not

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acquired secondary meaning.

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(3)

Plaintiff’s claimed mark “Markaz-e Etelaate Iranian” and its translation

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“Iranian Information Center” are not protectable as trademarks because

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they are generic.

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(4)

Defendants are entitled to judgment on each of Plaintiff’s federal and state

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law claims for infringement and unfair competition based on alleged use of

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the “08” mark, “Yellow Page-e Iranian,” Markaz-e Etelaate Iranian” and

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“Iranian Information Center.”

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Melli Defendants may apply for costs and reasonable attorneys’ fees pursuant to
Local Civil Rule 54 and Rule 54 of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.
s/ RONALD S.W. LEW___
HONORABLE RONALD S.W. LEW
Senior U.S. District Judge

DATED: 05/31/2016

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