Way Up Ltd # 1 v. The Way Up Inc et al

Filing 20

FINAL JUDGMENT AGAINST (1) THE WAY UP, INC., A GEORGIA NON-PROFIT CORPORATION; AND (2) ROLAND BAGWELL by Judge Stephen V. Wilson, That Defendants (1) THE WAY UP, INC., A GEORGIA NONPROFIT CORPORATION AND (2) ROLAND BAGWELL, and are permanently enjoined from advertising and using thename THE WAY UP in any way. Plaintiff is awarded costs of $639 (MD JS-6, Case Terminated). (pj)

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Best Best & Krieger LLP
G. HENRY WELLES, Bar No. 157193
[e-mail]
74-760 Highway 111
Suite 200
Indian Wells, CA 92210
Telephone: [phone]
Telecopier: [phone]

JS-6

Attorneys for Plaintiff
WAY UP LTD. # 1 A CALIFORNIA
LIMITED PARTNERSHIP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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INDIAN WELLS

ATTORNEYS AT LAW

B EST B EST & K RIEGER LLP

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WAY UP LTD. #1 A CALIFORNIA
LIMITED PARTNERSHIP
Plaintiff,

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v.

Case No. EDCV13-00969-SVW-SP
FINAL JUDGMENT AGAINST (1)
THE WAY UP, INC., A GEORGIA
NON-PROFIT CORPORATION;
AND (2) ROLAND BAGWELL

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THE WAY UP, INC., a Georgia
non-profit corporation; ROLAND
BAGWELL; and DOES 1-10,
inclusive.

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Defendants.

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77813.00000\8310993.1

FINAL JUDGMENT

FINAL JUDGMENT

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Plaintiff, WAY UP LTD. #1 ‘s Motion for Default Judgment came on

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regularly before the court and after reviewing the Motion and supporting evidence,

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and good cause appearing therefore, the court rules as follows:

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A.

That Defendants (1) THE WAY UP, INC., A GEORGIA NON-

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PROFIT CORPORATION AND (2) ROLAND BAGWELL, and each of them, and

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their officers, agents, servants, employees, attorneys, parents, subsidiaries,

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affiliates, successors, and all others in active concert or participation with them or

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acting on their behalf, are permanently enjoined from advertising and using the

Federally registered trademark “THE WAY UP” [ Fed. Reg. Number 2371221]; or

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INDIAN WELLS

ATTORNEYS AT LAW

name THE WAY UP in any way and from further infringement of Plaintiff’s

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B EST B EST & K RIEGER LLP

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otherwise continuing any and all acts of unfair competition and trademark

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infringement, as alleged in the complaint.

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B.

That Defendants are ordered to cease use of THE WAY UP or

confusingly similar name on the Internet.
C.

Plaintiff is awarded costs of $639.

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IT IS SO ORDERED :

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Dated: February 12, 2014

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_________________________________
The Honorable Stephen V. Wilson
Judge of the U.S. District Court

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77813.00000\8310993.1

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FINAL JUDGMENT