Ploom, Inc. v. iPloom, LLC et al

Filing 26

DEFAULT JUDGMENT in favor of Ploom, Inc. against iPloom, LLC, Anthony Marino. Signed by Judge Samuel Conti on May 12, 2014. (sclc1, COURT STAFF) (Filed on 5/12/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PLOOM, INC.,
Plaintiff,

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For the Northern District of California

United States District Court

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v.
IPLOOM, LLC, and ANTHONY MARINO,
Defendants.

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) Case No. 13-cv-05813 SC
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) DEFAULT JUDGMENT
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In accordance with the Court's concurrently filed Order

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granting Plaintiff's Motion for Entry of Default Judgment, it is

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hereby ORDERED, ADJUDGED, and DECREED that Default Judgment in this

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action shall be entered in favor of PLAINTIFF Ploom, Inc. ("Ploom")

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and against DEFENDANTS iPloom, LLC and Anthony Marino

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("Defendants").

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Ploom in the amount of $350,000 plus Ploom's costs, pursuant to 15

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U.S.C. §§ 1117(a), 1117(c), and 1117(d).

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Defendants are jointly and severally liable to

As referred to in this Judgment:
1. the "PLOOM" mark refers to registered trademark
3,823,299, shown in Exhibit A of Ploom's Complaint;

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2. the "PLOOM (stylized)" mark refers to registered

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trademarks 4,209,479 and 4,281,580, shown in Exhibits B

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and C of Ploom's Complaint;

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3. the "PAX" mark refers to registered trademarks 4,437,217

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and 4,437,218, shown in Exhibits D and E of Ploom's

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Complaint;

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4. the "X Design" mark is shown in Exhibit F of Plaintiff's
Complaint;
5. the "PAX (stylized)" mark refers to the topmost mark

United States District Court

For the Northern District of California

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depicted in the second image following paragraph 31 of

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Ploom's Complaint;

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6. the "PAX Trade Dress" refers to the trade dress depicted

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in the two images following Paragraph 31 of Plaintiff’s

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Complaint;

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7. the "iPloom Pax Trade Dress" refers to the trade dress

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depicted in the right-hand image of the two images

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following Paragraph 41 of Plaintiff’s Complaint; and

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8. the "Counterfeit Pax Trade Dress" refers to the trade

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dress depicted in the image following Paragraph 46 of

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Plaintiff’s Complaint.

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Defendants and their agents, officers, partners, servants, and

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employees, and any others acting in participation with them, are

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permanently restrained and enjoined from:

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1. selling any products and offering any services under the

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trademarks PLOOM, or PAX; the PLOOM (stylized) mark, the

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PAX (stylized) mark, or the X Design mark; the PAX Trade

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Dress, the iPloom Pax Trade Dress, or the Counterfeit Pax

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Trade Dress; the domain iploom.com; or any confusingly

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similar variations thereof in or as part of the title or

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name of (i) any business or service or commercial

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activity, Internet domain name, or website, that (ii) is

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related to vaporizers, electronic cigarettes, tobacco,

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nicotine, or vapor-producing liquid solutions for use in

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electronic cigarettes or vaporizers;

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2. using the trademarks PLOOM, or PAX; the PLOOM (stylized)

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mark, the PAX (stylized) mark, or the X Design mark; the

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PAX Trade Dress, the iPloom Pax Trade Dress, or the

United States District Court

For the Northern District of California

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Counterfeit Pax Trade Dress; the domain iploom.com; or

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any confusingly similar variations thereof in or as part

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of the title or name of (i) any business or service or

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commercial activity or as any part of the description of

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a website or in any request to list or register any

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Internet website in any search engine index, that (ii) is

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related to vaporizers, electronic cigarettes, tobacco,

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nicotine, or vapor-producing liquid solutions for use in

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electronic cigarettes or vaporizers;

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3. using the trademarks IPLOOM, PLOOM, or PAX; the PLOOM

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(stylized) mark, the PAX (stylized) mark, or the X Design

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mark; the PAX Trade Dress, the iPloom Pax Trade Dress, or

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the Counterfeit Pax Trade Dress; the domain name

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iploom.com; or any other identical or confusingly similar

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mark, word or name for any products or services related

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to vaporizers, electronic cigarettes, tobacco, nicotine,

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or vapor-producing liquid solutions for use in electronic

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cigarettes or vaporizers, or as any trademark or service

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mark, trade name or corporate name or Internet domain

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name or in any manner likely to cause confusion, mistake

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or deception; and

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4. filing or pursuing any application for registration of

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the trademarks IPLOOM, PLOOM, or PAX; the PLOOM

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(stylized) mark, the PAX (stylized) mark, or the X Design

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mark; the PAX Trade Dress, the iPloom Pax Trade Dress, or

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the Counterfeit Pax Trade Dress; or the domain name

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iploom.com as a trademark or service mark or trade name

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or Internet domain name in any jurisdiction in the United

United States District Court

For the Northern District of California

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States.

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Defendants are directed within fourteen (14) days of entry of this

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Judgment to:

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1. remove from the Defendants' place(s) of business and

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website(s) all references to trademarks IPLOOM, PLOOM, or

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PAX; the PLOOM (stylized) mark, the PAX (stylized) mark,

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or the X Design mark; the PAX Trade Dress, the iPloom

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Pax; and

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2. transfer the domain name iploom.com to Ploom, pursuant to

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15 U.S.C. § 1125(d)(1)(c), and provide all documentation,

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passwords, authorization codes, and approvals necessary

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to effect the transfer.

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IT IS SO ORDERED, ADJUDGED, AND DECREED.

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Dated: May 12, 2014
UNITED STATES DISTRICT JUDGE

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