Re/Max LLC. v. Le et al

Filing 51

ORDER RE: REMOVAL OF INFRINGING "AMAX" MARK 40 41 (Illston, Susan) (Filed on 7/25/2014)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court For the Northern District of California 10 11 12 13 14 15 No. C 13-02625 SI REMAX, LLC, ORDER RE: REMOVAL OF INFRINGING “AMAX” MARK Plaintiff, v. MIN LE, et al., Defendants. / 16 17 On July 25, 2014, the Court held a further hearing regarding the status of defendant Le’s efforts 18 to have the infringing “Amax” mark removed from various websites and advertisements. On November 19 8, 2013, the Court issued judgment against defendants and ordered that they “cease using [the] Amax 20 mark within 60 days.” Docket No. 30. Despite this Court’s judgment, as of the July 25, 2014 hearing, 21 there are numerous websites that still advertise or list the “Amax” mark. 22 As discussed at the hearing, the Court ORDERS defendant Le to take whatever further steps are 23 necessary to have “Amax” removed from the twenty websites listed on pages 2-4 of the July 24, 2014 24 declaration of Ben Davidson. See Docket No. 50 at 2-4. These steps include, but are not limited to, 25 furnishing a copy of this order to the website operators, making phone calls to the appropriate people 26 at the websites regarding removing “Amax” from the websites, and making any follow up inquiries 27 necessary to ensure that the “Amax” mark has been removed from the websites. If defendant encounters 28 any difficulties with regard to having “Amax” removed from the websites, defendant is directed to 1 promptly contact Mr. Davidson, as Mr. Davidson has offered to assist plaintiff in this process. Plaintiff 2 is also authorized to distribute this order, and any other Court order or judgment, as necessary to 3 effectuate the removal of “Amax” from websites or other advertisements. 4 5 Defendant is further ordered to change the phone number for his business within 45 days of the filing date of this order. 6 The Court will hold a further hearing on this matter at 9:00 a.m. on August 8, 2014. As the 7 Court informed defendant at the July 25, 2014 hearing, if defendant has not had “Amax” removed from 8 the twenty websites by August 8, 2014, or demonstrated good cause for failing to do so, the Court will 9 find defendant in civil contempt of this Court’s orders and defendant will be subject to a daily fine until United States District Court For the Northern District of California 10 defendant fully complies with the Court’s orders. 11 12 IT IS SO ORDERED. 13 14 Dated: July 25, 2014 SUSAN ILLSTON UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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