Facebook, Inc. v. Cyber2Media, Inc. et al

Filing 194

DEFAULT JUDGMENT in favor of Facebook, Inc. against Mackrooner Ltd. Inc. in amount of $15,000 in statutory damages. Signed by Judge Yvonne Gonzalez Rogers on 6/28/13. (fs, COURT STAFF) (Filed on 6/28/2013)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 FACEBOOK, INC., 7 8 9 Plaintiff, Case No.: 11-CV-03619 YGR DEFAULT JUDGMENT AGAINST MACKROONER LTD., INC. vs. BANANA ADS, LLC et al., 10 Defendants. Northern District of California United States District Court 11 12 13 14 15 16 DEFAULT JUDGMENT is ENTERED in favor of Plaintiff Facebook, Inc. (“Facebook”) and against Defendant Mackrooner Ltd., Inc. as follows: Pursuant to 15 U.S.C. § 1117(d), Defendant Mackrooner Ltd., Inc. shall pay total statutory damages in the amount of $15,000. Pursuant to 15 U.S.C. § 1125(d)(1)(C), within 21 days of Facebook sending by email and 17 overnight mail a copy of this Judgment to Defendant Mackrooner Ltd., Inc., Defendant shall transfer 18 to Facebook all rights to the infringing domain name: <ffacebook.com>. In the event that the 19 infringing domain name is not transferred to Facebook within the above time period, the current 20 domain name registrar for the infringing domain name shall transfer the infringing domain name to 21 Facebook within 21 days of Facebook sending by email and overnight mail a copy of this Judgment 22 to the current domain name registrar. 23 Defendant Mackrooner Ltd., Inc. and its agents, servants, employees, attorneys, affiliates, 24 distributors, successors, assigns, and any other persons acting in concert or in participation with 25 Defendant Mackrooner Ltd., Inc. are now and forever ENJOINED from: 26 1. Registering, using, trafficking in, or benefiting from Internet domain names that 27 incorporate the FACEBOOK mark or incorporate words, numbers, or symbols that, collectively or 28 in isolation, are confusingly similar to the FACEBOOK mark; and 1 2. Knowingly providing services to any person or entity who registers, uses, traffics in, 2 or benefits from Internet domain names that incorporate the FACEBOOK mark or incorporate 3 words, numbers, or symbols that, collectively or in isolation, are confusingly similar to the 4 FACEBOOK mark; and 5 3. Using the FACEBOOK mark or any confusingly similar marks in advertisements or 6 otherwise in commerce in any manner likely to confuse consumers as to the association, affiliation, 7 endorsement, or sponsorship of Facebook; and 8 9 10 4. Engaging in any infringing acts involving the FACEBOOK mark or other Facebook marks; and 5. Engaging in any unlawful, misleading, deceptive, or malicious activities directed at Northern District of California United States District Court 11 or relating to Facebook’s website, Facebook’s services, Facebook users, or potential Facebook 12 users; and 13 6. 14 15 16 17 Inducing, encouraging, causing, materially contributing to, or aiding and abetting any other person or entity to do the acts described in (1) to (5), above. IT IS SO ORDERED. Date: June 28, 2013 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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