Majestics Car Club Inc v. Randy Headley
Filing
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JUDGMENT by Judge Dale S. Fischer. (MD JS-6, Case Terminated). (SEE JUDGMENT FOR SPECIFICS) (bp)
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JS-6
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JS 6JS 6UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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MAJESTICS CAR CLUB INC., a
California corporation,
Plaintiff,
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Case No. CV 15-09803-DSF (AFMx)
JUDGMENT
v.
RANDY HEADLEY, an individual
and doing business as LOGOS TWO,
Defendant.
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Pursuant to the Order Accepting Findings and Recommendations of the
United States Magistrate Judge,
IT IS HEREBY ORDERED AND ADJUDGED that Judgment is entered in
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favor of Plaintiff Majestics Car Club, Inc. and against Defendant Randy Headley,
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an individual and doing business as LOGOS TWO and Logos Plus LLC, a
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California Limited Liability Company (collectively Defendant) pursuant to the
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terms set forth herein.
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1.
A money judgment is entered in favor of Plaintiff and against
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Defendant in the amount of $100,000.
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(a)
This $100,000 money judgment cannot and shall not be
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enforced against Defendant, unless Defendant defaults on
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the payments required by Paragraph 2 below.
(b)
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If Defendant makes the payments required by Paragraph 2
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below, Plaintiff shall then provide Defendant with a
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document reflecting that the $100,000 money judgment
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has been satisfied.
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2.
Defendant shall pay $14,000 to the Plaintiff, as follows: $1,000
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shall be paid within ten (10) days of entry of judgment. The
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remaining $13,000 shall be paid over four years in quarterly
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payments of $812.50 per quarter. The first quarterly payment is
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due on July 1, 2017, or ten (10) days after entry of Judgment,
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whichever is later.
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3.
Beginning thirty (30) days from the entry of judgment,
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Defendant is enjoined from using the MAJESTICS trademark,
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or any confusingly similar term, on goods, services,
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advertisements, or social media, as follows:
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(a)
anything with the MAJESTICS trademark.
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(b)
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Defendant shall not use the MAJESTICS “M” in sales of
any goods or services to any Majestics car club member.
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(c)
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Defendant shall not own any domain name using the term
“Majestics.”
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Defendant shall not make, use, sell, or offer to sell
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Ten (10) days after entry of judgment, Defendant shall turn over
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all inventory bearing MAJESTICS or any confusingly similar
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mark.
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5.
and registration for the MAJESTICS mark.
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Defendant acknowledges the validity of Plaintiff's trademarks
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Neither party shall disparage the other. In response to any
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questions regarding the case, the parties may refer to the terms
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of this Judgment. If there is an alleged violation of this non-
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disparagement provision, the parties shall meet and confer. If
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they are not able to resolve the issue within thirty (30) days, the
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parties may then enforce the provision by motion to the Court.
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7.
Each side shall pay its own costs and attorney's fees, except that
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Defendant Headley shall pay Plaintiff a sanction of $500 no
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later than August 30, 2017.
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8.
The Court retains jurisdiction for enforcement of the terms of
this Judgment.
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DATED: 7/25/17
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____________________________________
DALE S. FISCHER
UNITED STATES DISTRICT JUDGE
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