Enrique Carino v. Felix Hilario et al

Filing 34

DEFAULT JUDGMENT entered in favor of Plaintiff Enrique Cario and against Defendants Felix Hilario and Mario Hilario in the amount of $25,000.Defendants and their agents are enjoined re plaintiffs trademarks (SEE DOCUMENT FOR SPECIFICS) by Judge Dolly M. Gee. (MD JS-6. Case Terminated) (lc)

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JS-6

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
) Case No. CV 14-07930 DMG (MANx)
)
) JUDGMENT
Plaintiff,
)
v.
)
FELIX HILARIO and MARIO HILARIO, )
)
)
Defendants.
)
ENRIQUE CARI Ñ O,

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The Court having granted the motion by Plaintiff Enrique Cariño for default
judgment by order dated July 17, 2015,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment is
entered in favor of Plaintiff Enrique Cariño and against Defendants Felix Hilario and
Mario Hilario in the amount of $25,000.
Defendants are enjoined from:
1. Using the name GRUPO MIRAMAR or any confusingly similar or colorable
imitation of the name, including any name which includes the words “Miramar”
or “Grupo Miramar,” in connection with advertising in any form, or in
connection with the goods or services of defendants or any of them;

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2. Using the name GRUPO MIRAMAR or any confusingly similar or colorable

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imitation of the name, including any name which includes the words “Miramar”

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or “Grupo Miramar,” in any manner for the purpose of enhancing the

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commercial value of the goods or services of Defendants;

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3. Otherwise infringing or diluting the distinctive quality of Cariño’s service mark
and trademark GRUPO MIRAMAR;
4. Causing a likelihood of confusion, deception or mistake as to the makeup,
source, nature or quality of Cariño’s or Defendants’ services;

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5. Contacting promoters, advertisers, or other businesses for the purpose of

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offering the musical services of Defendants as GRUPO MIRAMAR or any

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confusingly similar or colorable imitation of the name; and

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6. Uploading or maintaining videos on the Internet, including without limitation

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YouTube, in which the name GRUPO MIRAMAR, or any confusingly similar

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or colorable imitation of the name, including any name which includes the

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words “Miramar” or “Grupo Miramar,” is displayed, spoken, or otherwise used

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in the video or in the description or title of the video.

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Defendants, and their respective officers, agents, servants, employees, and coventurers, and all persons in active concert or participation with Defendants who receive
actual notice of this order by personal service or otherwise, are hereby ordered to remove
and destroy all promotional literature, advertising, goods, Internet postings (including
without limitation Facebook postings, YouTube uploads, YouTube postings, and
YouTube channels) and other materials relating to Defendants, or either of them, or any
musical group associated with any of the foregoing, which use the words “Grupo
Miramar” or “Miramar” on or in connection with such advertising, goods, postings,
uploads, or other materials within seven days following receipt of such actual notice of
this order, and to provide Cariño’s counsel with evidence of such removal and destruction
within the same seven-day period following receipt of such actual notice.

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The Court shall retain jurisdiction of this action to the extent necessary to enforce
the Judgment.

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DATED: July 17, 2015

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DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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