Aecom Energy and Construction, Inc. v. John Ripley et al

Filing 259

REDACTED JUDGMENT filed by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of Plaintiff as follows:1. Defendants John Ripley; Todd Hale; Henry Blum; Bud Zukaloff; Gary Topolewski; Morrison Knudse n Corporation; Morrison-Knudsen Company, Inc.; Morrison-Knudsen Services, Inc.; and Morrison-Knudsen International Inc. (Defendants) shall bejointly and severally liable for all claims for relief in this Action. Registration No. 5,077,287 shall be ca ncelled. Pursuant to the Courts Order granting Plaintiffs Motion for Permanent Injunction 242 , Defendants,their officers, directors, employees, agents, and all persons acting on their behalf or in concert with them, are HEREBY PERMANENTLY ENJOINED FROM: any further representations to the government, to actual and potential customers and business partners, and to the public that they are Morrison Knudsen Corporation and/or any related entity (MK), that MKs accomplishments are their own, that t he products and services they offer originate from MK, that the products and services they offer are affiliated with, backed, sponsored or endorsed by, or have any relationship whatsoever to MK. Plaintiff is awarded damages. See order for further details. (shb) Modified on 1/24/2019 (shb).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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12 AECOM ENERGY &
CONSTRUCTION, INC.,
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Plaintiff,
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CV 17-5398-RSWL-SSx

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REDACTED BY COURT

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)
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v.
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JOHN RIPLEY; TODD HALE;
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GARY TOPOLEWSKI; HENRY
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BLUM; BUD ZUKALOFF;
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“MORRISON KNUDSEN
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CORPORATION;” “MORRISON)
KNUDSEN COMPANY, INC.;”
“MORRISON-KNUDSEN SERVICES, )
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INC.;” and “MORRISON)
KNUDSEN INTERNATIONAL
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INC.,”
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Defendants.

JUDGMENT

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WHEREAS, on November 8, 2018, this Court GRANTED

25 Plaintiff AECOM Energy & Construction, Inc.’s
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27 Injunction against Defendants Gary Topolewski; Morrison
28 Knudsen Corporation; Morrison-Knudsen Company, Inc.;
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1 Morrison-Knudsen Services, Inc.; and Morrison-Knudsen
2 International Inc. [242];
On January 24, 2019, this Court GRANTED Plaintiff’s

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4 Motion for Default Judgment against defaulting
5 Defendants John Ripley, Todd Hale, Henry Blum, and Bud
6 Zukaloff;
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that

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8 judgment is entered in favor of Plaintiff as follows:
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1. Defendants John Ripley; Todd Hale; Henry Blum; Bud

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Zukaloff; Gary Topolewski; Morrison Knudsen

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Corporation; Morrison-Knudsen Company, Inc.;

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Morrison-Knudsen Services, Inc.; and Morrison-

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Knudsen International Inc. (“Defendants”) shall be

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jointly and severally liable for all claims for

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relief in this Action;

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Registration No. 5,077,287 shall be cancelled;

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Pursuant to the Court’s Order granting Plaintiff’s

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Motion for Permanent Injunction [242], Defendants,

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their officers, directors, employees, agents, and

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all persons acting on their behalf or in concert

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with them, are HEREBY PERMANENTLY ENJOINED FROM:

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a)

any further representations—to the government,

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to actual and potential customers and business

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partners, and to the public—that they are

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Morrison Knudsen Corporation and/or any related

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entity (“MK”), that MK’s accomplishments are

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their own, that the products and services they

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offer originate from MK, that the products and
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services they offer are affiliated with,

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backed, sponsored or endorsed by, or have any

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relationship whatsoever to MK,

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b)

further use of the word mark MORRISON KNUDSEN

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(Reg. No. 1,716,505), the MK logo and the

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combined word and design mark MKCO MORRISON

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KNUDSEN (Reg. No. 1,744,815), or any

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confusingly similar name or logo, including the

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use of “MK,” “Morrison Knudsen,” or any

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confusingly similar name;
Plaintiff is awarded damages in the amount of

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, payable to Plaintiff within thirty

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business days after entry of this Judgment; and

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Plaintiff is awarded its reasonable attorneys’ fees

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and costs, where the amount of attorneys’ fees

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shall be determined by a Motion to Set Amount of

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Attorneys’ fees after entry of this Final Judgment.

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As no Defendants remain, the clerk shall close this

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22 IT IS SO ORDERED.
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24 DATED: January 24 2019
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s/ RONALD S.W. LEW
HONORABLE RONALD S.W. LEW
Senior U.S. District Judge

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