Entrepreneur Media Inc v. Rieva Lesonsky et al

Filing 58

CONSENT JUDGMENT and Permanent Injunction by Judge David O. Carter (ade)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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ENTREPRENEUR MEDIA, INC., a
California corporation,

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Plaintiff,
vs.
RIEVA LESONSKY d/b/a SMB
CONNECTS, an individual, MARIA
ANTON, an individual,
ALLBUSINESS.COM, INC., a
California corporation, and DOES 1
through 10, inclusive,

CASE NO. SACV 08-1066 DOC (ANx)
CONSENT JUDGMENT AND
PERMANENT INJUNCTION
Judge:
Hon. David O. Carter
Courtroom: 9D

Defendants.

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CASE NO. SACV 08-1066 DOC (ANx)
CONSENT JUDGMENT AND PERMANENT INJUNCTION

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Plaintiff ENTREPRENEUR MEDIA, INC., (“EMI” or “Plaintiff”) and

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Defendants RIEVA LESONSKY d/b/a SMB CONNECTS, MARIA ANTON, and

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ALLBUSINESS.COM (collectively “Defendants”) having stipulated and agreed to

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the entry of this Stipulated Consent Judgment as an Order of this Court:

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IT IS HEREBY ORDERED THAT:

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1.

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Jurisdiction over the subject matter exists in this Court pursuant to 28

U.S.C. §§ 1331, 1338(a), and 1367.
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This Court has personal jurisdiction over the parties and will retain

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jurisdiction over the parties for the purposes of enforcing this Consent Judgment,

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and the related Confidential Settlement Agreement regarding the subject matter of

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this action.

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3.

Plaintiff EMI is a corporation organized and existing under the laws

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of the State of California and having a principal place of business at 2445 McCabe

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Way, Suite 400, Irvine, California 92614.

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4.

Defendant Rieva Lesonsky d/b/a SMB CONNECTS is an individual

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who currently does business at an office located at 17526 Von Karman Avenue,

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Suite A, Irvine, California 92614.

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5.

Defendant Maria Anton is an individual who currently does business

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at an office located at 17526 Von Karman Avenue, Suite A, Irvine, California

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92614.

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6.

Defendant AllBusiness.com is a California corporation having its

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principal place of business at 650 Townsend Street, Suite 675, San Francisco,

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California 94103.

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7.

SMB Connects is a corporation controlled by Rieva Lesonsky, and

was incorrectly named as merely being a dba for Rieva Lesonsky.
8.

EMI is the owner of U.S. Trademark Registration Nos. 2,158,096 and

2,029,722 for “FRANCHISE 500,” generally in connection with advertising and

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401054550v1

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CASE NO. SACV 08-1066 DOC (ANx)
CONSENT JUDGMENT AND PERMANENT INJUNCTION

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business services, and U.S. Trademark Registration No. 1,395,636 for

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“FRANCHISE 500,” generally in connection with an annual magazine pertaining

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to franchises and publications related thereto. EMI’s FRANCHISE 500® marks

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are valid and enforceable.

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Defendants and SMB Connects, their officers, agents, servants,

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employees and attorneys, and those persons in active concert or participation with

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them who receive actual notice of this injunction, are hereby permanently enjoined

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from publishing a franchise list under, or otherwise using in commerce, the phrase

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Franchise 300, or any phrase that is confusingly similar to EMI’s registered

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trademarks FRANCHISE 500®.

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10.

Each party shall bear its own costs and attorneys’ fees.

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11.

This Consent Judgment represents the final Judgment in this case, as

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to all causes of action.
SO ORDERED AND ENTERED this 17th day of December, 2008.

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________________________________
United States District Court Judge

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401054550v1

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CASE NO. SACV 08-1066 DOC (ANx)
CONSENT JUDGMENT AND PERMANENT INJUNCTION