Entrepreneur Media, Inc. v. Kirton Communications Group Limited et al

Filing 30

DEFAULT JUDGMENT AND PERMANENT INJUNCTION (Illston, Susan) (Filed on 9/22/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ENTREPRENEUR MEDIA, INC.,

Case No. 15-cv-01415-SI

Plaintiff,
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v.

DEFAULT JUDGMENT AND
PERMANENT INJUNCTION

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KIRTON COMMUNICATIONS GROUP
LIMITED, et al.,

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Defendants.

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United States District Court
Northern District of California

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In accordance with the Order Granting Plaintiff's Application for Default Judgment

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Against Kirton Communications Group Limited and MAS Financial & Corporate Services

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Limited, dated September 22, 2015, judgment is hereby entered in favor of plaintiff Entrepreneur

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Media, Inc. and against defendants Kirton Communications Group Limited and MAS Financial

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and Corporate Services, Limited.

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In addition said defendants, and their principals, officers, directors, members, partners,

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agents, servants, employees, and attorneys, and all other persons acting in concert or participating

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with them, who receive actual notice of this injunction by personal or other service, are

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PERMANENTLY ENJOINED as follows: they shall permanently:

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cease all use and never use the ENTREPRENEUR SPIRIT mark, the EMI marks,

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or any other mark likely to cause confusion with the EMI marks, in connection with the

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promotion, advertising, offering for sale, or sale, of any products or services;

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2.

never use any false designation of origin, false representation, or any false or

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misleading description of fact, that can, or is likely to, lead the consuming public or individual

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members thereof, to believe that any products or services produced, offered, promoted, marketed,

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advertised, provided, or sold by defendants are in any manner associated or connected with EMI,

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or are licensed, approved, or authorized in any way by EMI;

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never represent, suggest in any fashion to any third party, or perform any act that

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may give rise to the belief, that defendants, or any of their goods or services, are related to,

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authorized by, or sponsored by EMI;

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cease all use of the domain name entrepreneurspirit.org and any similar domain

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names, and never register any domain names that contain any of the EMI marks, or any domain

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names confusingly similar to any of the EMI marks;

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5.

cease all advertising of products or services under the ENTREPRENEUR SPIRIT

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mark, including but not limited to defendants’ magazine, Facebook page, Twitter account, and

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iTunes application;

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6.

never unfairly compete with EMI in any manner whatsoever, or engage in any

United States District Court
Northern District of California

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unfair, fraudulent, or deceptive business practices that relate in any way to the production,

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distribution, marketing, and/or sale of products and services bearing any of the EMI marks; and

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never apply for or seek to register the ENTREPRENEUR SPIRIT mark or any

mark that is likely to cause confusion with any of the EMI marks.

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The Court further ORDERS defendants and their officers, directors, members, agents,

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servants, employees, and attorneys, and all other persons acting in concert or participating with

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them, to transfer to EMI all domain names in defendants’ possession, custody, or control that

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include the word “entrepreneur” or any misspelling thereof, or are otherwise confusingly similar

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to, or contain any of, the EMI Marks, including but not limited to entrepreneurspirit.org.

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The Court further ORDERS defendants to file with the Court and serve upon EMI’s

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counsel, within thirty (30) days after service of this order, a report in writing and under oath

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setting forth in detail the manner and form in which Defendants have complied with this

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injunction.

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IT IS SO ORDERED, ADJUDGED AND ENJOINED.

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Dated: September 22, 2015
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SUSAN ILLSTON
United States District Judge
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