Majestics Car Club Inc v. Randy Headley

Filing 64

JUDGMENT by Judge Dale S. Fischer. (MD JS-6, Case Terminated). (SEE JUDGMENT FOR SPECIFICS) (bp)

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1 JS-6 2 3 4 5 6 7 8 JS 6JS 6UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 MAJESTICS CAR CLUB INC., a California corporation, Plaintiff, 13 14 15 16 Case No. CV 15-09803-DSF (AFMx) JUDGMENT v. RANDY HEADLEY, an individual and doing business as LOGOS TWO, Defendant. 17 18 19 20 21 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 22 favor of Plaintiff Majestics Car Club, Inc. and against Defendant Randy Headley, 23 an individual and doing business as LOGOS TWO and Logos Plus LLC, a 24 California Limited Liability Company (collectively Defendant) pursuant to the 25 terms set forth herein. 26 1. A money judgment is entered in favor of Plaintiff and against 27 Defendant in the amount of $100,000. 28 (a) This $100,000 money judgment cannot and shall not be 1 enforced against Defendant, unless Defendant defaults on 2 the payments required by Paragraph 2 below. (b) 3 If Defendant makes the payments required by Paragraph 2 4 below, Plaintiff shall then provide Defendant with a 5 document reflecting that the $100,000 money judgment 6 has been satisfied. 7 2. Defendant shall pay $14,000 to the Plaintiff, as follows: $1,000 8 shall be paid within ten (10) days of entry of judgment. The 9 remaining $13,000 shall be paid over four years in quarterly 10 payments of $812.50 per quarter. The first quarterly payment is 11 due on July 1, 2017, or ten (10) days after entry of Judgment, 12 whichever is later. 13 3. Beginning thirty (30) days from the entry of judgment, 14 Defendant is enjoined from using the MAJESTICS trademark, 15 or any confusingly similar term, on goods, services, 16 advertisements, or social media, as follows: 17 (a) anything with the MAJESTICS trademark. 18 (b) 19 Defendant shall not use the MAJESTICS “M” in sales of any goods or services to any Majestics car club member. 20 (c) 21 Defendant shall not own any domain name using the term “Majestics.” 22 23 Defendant shall not make, use, sell, or offer to sell 4. Ten (10) days after entry of judgment, Defendant shall turn over 24 all inventory bearing MAJESTICS or any confusingly similar 25 mark. 26 5. and registration for the MAJESTICS mark. 27 28 Defendant acknowledges the validity of Plaintiff's trademarks 6. Neither party shall disparage the other. In response to any 2 1 questions regarding the case, the parties may refer to the terms 2 of this Judgment. If there is an alleged violation of this non- 3 disparagement provision, the parties shall meet and confer. If 4 they are not able to resolve the issue within thirty (30) days, the 5 parties may then enforce the provision by motion to the Court. 6 7. Each side shall pay its own costs and attorney's fees, except that 7 Defendant Headley shall pay Plaintiff a sanction of $500 no 8 later than August 30, 2017. 9 10 8. The Court retains jurisdiction for enforcement of the terms of this Judgment. 11 12 DATED: 7/25/17 13 14 15 ____________________________________ DALE S. FISCHER UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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