San Diego Flood Busters, Inc. v. Flood Masters, Inc.

Filing 29

JUDGMENT AND PERMANENT INJUNCTION by Judge Dale S. Fischer, 28 . Refer to the document for specifics (MD JS-6, Case Terminated). (pso)

1

JS 6

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

SAN DIEGO FLOOD BUSTERS, INC.,

11

CASE NO. 2:16-cv-03193-DSF-JEM

Plaintiff,

12

v.

13

FLOOD MASTERS, INC., a California
corporation.

14

Defendant.

15
16

JUDGMENT AND PERMANENT INJUNCTION

17
18
19
20
21
22
23
24
25
26
27

Defendant Flood Masters, Inc. having defaulted in this action and the Court having found
that entry of judgment by default is proper, it is ordered that Plaintiff recover its attorney fees of
$5,850.00 and costs of $495.00 and that injunctive relief be provided as follows:
a.

Defendant

and

its

officers,

agents,

servants,

employees,

owners

and

representatives, and all other persons, firms or corporations in active concert or
participation with them, are restrained from:
i.

Using in any manner the Flood Masters® mark, or any name, mark or
domain name that wholly incorporates the Flood Masters® mark or is
confusingly similar to or a colorable imitation of this mark, including,
without limitation, FLOOD MASTERS Expert;

28
1

1

ii.

2

Using or displaying the Flood Masters® logo on any websites, products,
vehicles or promotional materials in any false and/or deceptive manner;

3

iii.

Committing any acts that will tarnish, blur, or dilute, or are likely to

4

tarnish, blur, or dilute the distinctive quality of the Flood Masters® mark;

5

and,

6

iv.

Making any representations, express or implied, that Flood Masters® is

7

affiliated with or sponsors or approves of Defendant or its products or

8

services.

9

b.

Defendant is to file, within thirty days of being served with this judgment, a

10

declaration with the Court signed under penalty of perjury certifying the manner in

11

which Defendant has complied with the terms of the injunction.

12
13

4/19/17
Date:

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2