Intel Corporation v. Intelcom, Inc.

Filing 95

Amended Judgment against defendant Intelcom, Inc. pursuant to order granting plaintiff Intel Corporation's motion for Terminating Sanction. (tf, COURT STAFF) (Filed on 10/30/2009)

Case3:08-cv-02334-SI Document94

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1 Robert N. Phillips (SBN 120970) HOWREY, LLP 2 525 Market Street, Suite 3600 San Francisco, California 94105 3 Telephone: [phone] Facsimile: [phone] 4 E-mail: [e-mail] 5 Anne M. Ortel (SBN 212044) Yuka Sugar (SBN 2009997) 6 HOWREY, LLP 1950 University Avenue, 4th Floor 7 East Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] 9 E-mail: [e-mail] 10 Attorneys for Plaintiff INTEL CORPORATION 11 12 13 14 15 INTEL CORPORATION, a Delaware 16 corporation, 17 18 vs. Plaintiff, Case No. C 08-02334 SI AMENDED [PROPOSED] JUDGMENT AGAINST DEFENDANT INTELCOM, INC. PURSUANT TO ORDER GRANTING PLAINTIFF INTEL CORPORATION'S MOTION FOR TERMINATING SANCTION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

19 INTELCOM, INC., a Delaware corporation, 20 21 22 WHEREAS the Court granted Plaintiff Intel Corporation's Motion for Terminating Sanction Defendant.

23 against Defendant Intelcom, Inc. and ordered entry of a final permanent injunction against defendant; 24 25 26 27 28
1 Amended [Proposed] Judgment Against Defendant Case No. C 08-02334 SI
Intelcom (OH) Amended Proposed Judgment DOC.DOC

NOW, THEREFORE: It is ORDERED, ADJUDGED AND DECREED as follows:

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1.

Defendant Intelcom, Inc., and its officers, agents, servants, employees, owners and

2 representatives, and all other persons, firms or corporations in active concert or participation with it, is 3 hereby enjoined and restrained from: 4 (a) using or registering in any manner the INTEL mark, or any name, mark or domain

5 name that wholly incorporates the INTEL mark or is confusingly similar to or a colorable imitation of 6 this mark, including, without limitation, the INTELCOM trade name and service mark, and 7 www.intelcomusa.com domain name; 8 (b) doing any act or thing calculated or likely to cause confusion or mistake in the

9 minds of members of the public, or prospective customers of Plaintiff Intel Corporation's products or 10 services, as to the source of the products or services offered for sale, distributed, or sold, or likely to 11 deceive members of the public, or prospective customers, into believing that there is some connection 12 between Defendant Intelcom, Inc., and Plaintiff Intel Corporation; and 13 (c) committing any acts which will tarnish, blur, or dilute, or likely to tarnish, blur, or

14 dilute the distinctive quality of the famous INTEL mark; 15 2. Pursuant to 15 U.S.C. § 1118, Defendant Intelcom, Inc. shall deliver up for destruction, or

16 to show proof of said destruction or sufficient modification to eliminate the infringing matter, all articles, 17 packages, wrappers, products, displays, labels, signs, vehicle displays or signs, circulars, kits, packaging, 18 letterhead, business cards, promotional items, clothing, literature, sales aids, receptacles or other matter 19 in its or its agents' possession, custody, or control bearing the trademark INTEL in any manner, or any 20 mark that is confusingly similar to or a colorable imitation of this mark, including without limitation the 21 INTELCOM trade name, service mark, and www.intelcomusa.com domain name; 22 3. Defendant Intelcom, Inc., is required to take all steps necessary to remove the name

23 INTELCOM from the Secretary of State's records in Delaware (and any other states in which Defendant 24 is licensed to do business, including Ohio) and otherwise take all steps necessary to change its business' 25 name; 26 27 28
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Intelcom (OH) Amended Proposed Judgment DOC.DOC

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4.

Defendant Intelcom, Inc. shall take all steps necessary to cancel the domain name

2 www.intelcomusa.com and to remove all references to the INTELCOM trade name and trademark from 3 all of its other websites, if any; 4 5. Defendant Intelcom, Inc, in accordance with Section 34(a) of the Lanham Act, 15 U.S.C.

5 §1116(a), shall file with the Court, and serve upon Plaintiff Intel Corporation, within sixty (60) days 6 after the entry and service on Defendant Intelcom, Inc. of this Judgment, a report in writing and under 7 oath, setting forth in detail the manner and form in which Defendant Intelcom, Inc. has complied with 8 the terms of this Judgment; 9 6. Plaintiff Intel Corporation shall recover $16,292 from Defendant Intelcom, Inc. as

10 previously awarded monetary sanctions; all other monetary claims in plaintiff Intel Corporation's 11 complaint are dismissed. 12 13 14 15 Dated: 16 17 18 19 20 21 22 23 24 25 26 27 28
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Intelcom (OH) Amended Proposed Judgment DOC.DOC

7.

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

IT IS SO ORDERED.

Honorable Susan Illston U.S. District Court Judge