Heavenly Valley Limited Partnership v. Lake Tahoe Development Company, LLC

Filing 27

DEFAULT JUDGMENT AND PERMANENT INJUNCTION signed by Judge Frank C. Damrell, Jr on 3/2/11 against Lake Tahoe Development Company, LLC, CASE CLOSED. (Becknal, R)

Heavenly Valley Limited Partnership v. Lake Tahoe Development Company, LLC

Doc. 27

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John E. Fagan (SBN107974) Jill Haley Penwarden (SBN 178561) Michael Reitzell (SBN 215272) DUANE MORRIS LLP 11149 Brockway Road, Suite 100 Truckee, CA 96161-2213 Telephone: [phone] Facsimile: 530.550.8619 Attorneys for Plaintiffs HEAVENLY VALLEY, LP and ROCKRESORTS INTERNATIONAL LLC UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

HEAVENLY VALLEY, LP and ROCKRESORTS INTERNATIONAL LLC, Plaintiffs, v. LAKE TAHOE DEVELOPMENT COMPANY, LLC, Defendant.

Case No. 2:09-CV-01533-FCD-GGH DEFAULT JUDGMENT AND PERMANENT INJUNCTION Date: Time: Courtroom: Judge: May 20, 2010 10:00 a.m. 9 Hon. Gregory G. Hollows

Case No.: 2:09-CV-01533-FCD-GGH DEFAULT JUDGMENT AND PERMANENT INJUNCTION

Dockets.Justia.com

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THIS MATTER comes before the Court on the Motion for Default Judgment submitted by Plaintiffs Heavenly Valley, LP ("HVLP") and RockResorts, International, LLC ("RockResorts"), pursuant to Fed. R. Civ. P. 55(b). The Court, having reviewed Plaintiff's Motion, the accompanying Memorandum of Points and Authorities, and the file on this matter, hereby FINDS: 1. Jurisdiction of the subject matter of this action is based on 28 U.S.C. § 1331,

15 U.S.C. § 1125, and 28 U.S.C. § 1367. 2. Plaintiffs are entitled to Judgment in their favor against Lake Tahoe Development

Co. ("LTD") on Plaintiffs' second, fourth and fifth claims for relief. 3. The United States Bankruptcy Court for the Eastern District of California has

granted Plaintiffs relief from the automatic stay to pursue injunctive relief for trademark infringement by LTD. See Mar. 19, 2010 Civil Minute Order, In re Take Tahoe Devel. Co., LLC, Case No. 09-41579-B-11 (Bankr. E.D. Cal.). 3. A. IT IS ORDERED that: Defendant and its officers, directors, employees, representatives, agents,

successors-in-interest, parent corporations, subsidiary corporations, affiliated companies, and all other persons, firms or entities acting in concert or participating with them, directly or indirectly, who receive actual notice of this judgment are hereby permanently enjoined, directly or indirectly, from: 1. All further use of the "The Chateau at Heavenly Village" name, the

internet domain name www.chateauheavenlyvillage.com, and any other designation confusingly similar to the HEAVENLY Trademarks, including without limitation, any word or combination of words including the term "Heavenly"; 2. Using any of the HEAVENLY Trademarks as part of a brand name for its

products or services or as an internet domain name, in whole or in part, including without limitation the "The Chateau at Heavenly Village" name and the internet domain name www.chateauheavenlyvillage.com; or

Case No.: 2:09-CV-01533-FCD-GGH 2 DEFAULT JUDGMENT AND PERMANENT INJUNCTION

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3.

Using or reproducing any copy or colorable imitation of the HEAVENLY

Trademarks, and further directing that Defendant destroy all materials bearing or using any copy or colorable imitation of the HEAVENLY Trademarks, including without limitation the "The Chateau at Heavenly Village" name and the internet domain name www.chateauheavenlyvillage.com. B. Defendant and its officers, directors, employees, representatives, agents,

successors-in-interest, parent corporations, subsidiary corporations, affiliated companies, and all other persons, firms or entities acting in concert or participating with them, directly or indirectly, who receive actual notice of this judgment are hereby ordered to relinquish all rights, title, and interest, in the www.chateauatheavenlyvillage.com domain name, and any domain name which is confusingly similar to the HEAVENLY Trademarks and which are under their control, and to transfer all such domain names to HVLP. To facilitate this transfer, it is further ordered that the registrar of those domain names change the registrar of record to a registrar of HVLP's choosing. It is further ordered that the new registrar of record change the registrant to HVLP or its authorized representative. C. Defendant and its officers, directors, employees, representatives, agents,

successors-in-interest, parent corporations, subsidiary corporations, affiliated companies, and all other persons, firms or entities acting in concert or participating with them, directly or indirectly, are hereby permanently enjoined, directly or indirectly, who receive actual notice of this judgment, from: 1. Registering, trafficking in or using any domain name that is identical or

confusingly similar to the HEAVENLY Trademarks; and 2. Assisting, aiding or abetting any other person or business entity in engaging in or

performing any of the activities referred to in paragraph C.1 above. IT IS SO ORDERED this 2nd day of March, 2011.

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE
Case No.: 2:09-CV-01533-FCD-GGH 3 DEFAULT JUDGMENT AND PERMANENT INJUNCTION