Ringcentral, Inc. v. Quimby et al

Filing 42

JUDGMENT. Signed by Judge Richard Seeborg on 04/08/2010. (rslc3, COURT STAFF) (Filed on 4/8/2010)

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1 2 3 4 5 6 7 8 9 10 **E-filed 04/08/2010** IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RINGCENTRAL, INC., v. Plaintiff, No. C 09-2693 RS JUDGMENT United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BILL QUIMBY, et al., Defendants. ____________________________________/ Based on the order entered herewith adopting the Report and Recommendation regarding plaintiff's motion for default judgment, judgment is hereby entered in favor of plaintiff and jointly and severally against defendants Bill Quimby and TollFreeNumbers.com, Inc. as follows: 1. $400,000 in statutory damages, 2. $32,096.50 in attorney fees, and 3. $791.79 in costs. Additionally, defendants, their officers, agents, servants, attorneys, employees, privies, successors and assigns, and all holding for and through them, and all persons in active concert or participation with any of them are hereby permanently enjoined from: (a) Using, displaying, advertising, copying, registering, imitating, or infringing upon the RingCentral marks; 1 2 3 4 5 6 7 8 9 10 (b) Using or displaying the RingCentral marks or name or colorable imitations thereof as a business name, domain name or mark in any written, oral or electronic advertisements, including on its www.tollfreenumbers.com website and any other websites owned and/or controlled by defendants; (c) From using RingCentral or any other word that is confusingly similar to RingCentral as or as part of any trademark, service mark, brand name, trade name, or other business or commercial designation, in connection with the sale, offering for sale, distribution, advertising or promotion of any product or service; (d) Making representations that defendants' products or services are in any way sponsored, approved, authorized or affiliated with plaintiff; (e) Otherwise infringing upon plaintiff's RingCentral marks. Finally, defendants are hereby ordered to disable and transfer the www.800ringcentral.com and www.1800ringcentral.com domain names to plaintiff immediately upon receipt of this order. Further, the register of record, ENOM, Inc. is hereby authorized to transfer these domain names to plaintiff RingCentral, Inc. and to allow plaintiff to transfer the domain names to the registrar of plaintiff's choice, at plaintiff's request and upon being provided a copy of this order, whether or not defendants have authorized the transfer. United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: 04/08/2010 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 2 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO: Tollfreenumbers.com, Inc. Attn: Bill Quimby 2517 Rt. 4411-222 Washington Hollow Plaza Salt Point, NY 12578 Bill Quimby 2517 Rt. 4411-222 Washington Hollow PlazaSalt Point, NY 12578 United States District Court DATED: 04/08/2010 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Chambers Staff Chambers of Magistrate Judge Richard Seeborg 3

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