loanDepot.com LLC v. Home Loan Guarantee LLC

Filing 36

JUDGMENT by Judge James V. Selna: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED Plaintiff's Motion for Default Judgment is hereby GRANTED in full and a judgment is entered in favor of Plaintiff and against Defendant on all causes of action in Plaintiff's Complaint, including relief as listed in this order. See document for further information. (MD JS-6, Case Terminated). (lwag)

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JS-6

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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310-229-9900

LOS ANGELES, CA 90067

VENABLE LLP

2049 CENTURY PARK EAST, SUITE 2100

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LOANDEPOT.COM, LLC d/b/a
IMORTGAGE, Delaware Limited
Liability Company

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Plaintiff,

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HOME LOAN GUARANTEE, LLC
d/b/a/ IMORTGAGE LENDING, Arizona
Limited Liability Company

Judge: Hon. James V. Selna
JUDGMENT

v.

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Case No.: 8:15-cv-571

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Defendant.

Hearing Date: December 7, 2015
Hearing Time: 1:30 p.m.
Court room:
10C

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[PROPOSED] JUDGMENT

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Plaintiff loanDepot.com, LLC d/b/a imortgage (“Plaintiff”) filed this action

law trademark and trade name infringement; (4) unfair competition and unfair

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business practices under Cal. Bus. & Prof. Code § 17200, et seq., and (5) common

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law unfair competition (Docket No. 1) (“Complaint”) on April 10, 2015.

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Defendant Home Loan Guarantee, LLC d/b/a iMortgage Lending, Arizona Limited

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Liability Company (“Defendant”) failed to respond to the Complaint, and on

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September 21, 2015, the Clerk of this Court entered a Default against Defendant

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pursuant to Fed. R. Civ. P. 55(a). Having fully considered Plaintiff’s Motion for

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Default Judgment, and for good cause shown,

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LOS ANGELES, CA 90067

Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d); (3) common

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VENABLE LLP

for (1) violation of the Lanham Act, 15 U.S.C. § 1125(a); (2) violation of the

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2049 CENTURY PARK EAST, SUITE 2100

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED Plaintiff’s

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Motion for Default Judgment is hereby GRANTED in full and a judgment is

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entered in favor of Plaintiff and against Defendant on all causes of action in

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Plaintiff’s Complaint, including relief as follows:

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1.

Defendant shall pay to Plaintiff $50,000 in statutory damages.

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2.

Plaintiff is awarded, and Defendant shall pay to Plaintiff, $56,089.10

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in attorneys’ fees, and $626.00 in costs.
3.

The domain name, www.imortgagelending.com, shall immediately be

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transferred to Plaintiff. Defendant shall immediately relinquish all rights, title, and

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interest thereto. Defendant shall take any and all actions necessary to transfer

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ownership of that domain name to Plaintiff.

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4.

Defendant, and its principals, directors, officers, agents, servants,

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employees, attorneys, successors, assigns, and all those persons in active concert or

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participation with any of them, are hereby permanently enjoined from:

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a. Using Plaintiff’s IMORTGAGE.COM, IM IMORTGAGE, IM, or

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IMORTGAGE marks (“Plaintiff’s Marks”), or any mark

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confusingly similar thereto, including IMORTGAGE LENDING
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[PROPOSED] JUDGMENT

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or IMORTGAGELENDING, to promote, offer, render, advertise,

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or identify any lending services or related goods or services;

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b. Otherwise infringing Plaintiff’s Marks or damaging Plaintiff’s

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goodwill;

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c. Unfairly competing with Plaintiff in any manner whatsoever;

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d. Registering, trafficking in, or using any domain name or names

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containing the mark IMORTGAGE or any of Plaintiff’s Marks, or

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any mark, word or symbol confusingly similar thereto;

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e. Using the domain name www.imortgagelending.com and/or any

f. Falsely designating the origin of Defendant’s services;

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other URL’s that incorporate any of Plaintiff’s Marks;

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LOS ANGELES, CA 90067

VENABLE LLP

2049 CENTURY PARK EAST, SUITE 2100

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g. Using in commerce any word, term, name, symbol, or device, or

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any combination thereof, or any false designation of origin, false or

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misleading description of fact, or false or misleading

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representation of fact that is likely to cause confusion, to cause

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mistake, or to deceive regarding the origin, sponsorship, or

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approval of Defendant’s services or to falsely imply a connection

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or affiliation with Plaintiff or Plaintiff’s services;

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h. Causing a likelihood of confusion or injuring Plaintiff’s business
reputation; and
i. Assisting, inducing, encouraging, causing, materially contributing

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to, or aiding and abetting any other person or entity to perform any

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of the acts described in (a) through (h) above.

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[PROPOSED] JUDGMENT

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5.

Finding no just reason to delay the entry of this Judgment, the Court

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hereby directs the entry of this Judgment as a final order pursuant to Fed. R. Civ.

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P. 54. This Court retains jurisdiction over this Final Judgment for the purpose of

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ensuring compliance with the terms hereof.

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IT IS SO ORDERED.

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The Honorable James V. Selna
United States District Judge

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310-229-9900

LOS ANGELES, CA 90067

VENABLE LLP

2049 CENTURY PARK EAST, SUITE 2100

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Dated: December 22, 2015

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[PROPOSED] JUDGMENT

PROOF OF SERVICE

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310-229-9900

LOS ANGELES, CA 90067

VENABLE LLP

2049 CENTURY PARK EAST, SUITE 2100

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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I am employed in the County of Los Angeles, State of California. I am over
the age of 18 and not a party to the within action; my business address is Venable
LLP, 2049 Century Park East, Suite 2100, Los Angeles, CA 90067.
On December 14, 2015, I served a copy  / original  of the foregoing
document(s) described as [PROPOSED] JUDGMENT on the interested parties in
this action addressed as follows
Home Loan Guarantee, LLC d/b/a
iMortgage Lending, Arizona Limited
Liability Company
Robert R. Neal (Registered Agent)
4656 E. Foothill Drive
Paradise Valley, Arizona 85253


By placing true copies thereof enclosed in a sealed envelope(s) addressed as
stated above.


BY MAIL (FRCP 5(b)(1)(C)): I am readily familiar with the firm’s
practice of collection and processing correspondence for mailing with
the U.S. Postal Service. Under that practice such envelope(s) is
deposited with the U.S. postal service on the same day this declaration
was executed, with postage thereon fully prepaid.



BY PERSONAL SERVICE (FRCP 5(b)(1)(B)(i)): I caused to be
delivered such envelope(s) by hand to the addressee(s) as stated
above.



BY ELECTRONIC MEANS (FRCP 5(b)(2)(E)): Pursuant to
FRCP 5(b)(2)(E), I served the above stated document by electronic
means to the interested parties in this action whose names and e-mail
addresses are listed above.

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Home Loan Guarantee, LLC d/b/a
iMortgage Lending, Arizona Limited
Liability Company
8107 E. Del Cadena Drive
Scottsdale, Arizona 85258

I declare that I am employed in the office of a member of the Bar of this
Court at whose direction the service was made. I declare under penalty of perjury
under the laws of the United States of America that the above is true and correct.
Executed on December 14, 2015, at Los Angeles, California.

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/s/ Tamany Vinson Bentz
Tamany Vinson Bentz

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[PROPOSED] JUDGMENT