Mahroom, et al v. Best Western International, Inc.

Filing 257

JUDGMENT AND PERMANENT INJUNCTION. Signed by Judge Jeremy Fogel on 5/3/2010. (jflc2, COURT STAFF) (Filed on 5/3/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jeffrey M. Hamerling (Bar. No. 91532) ARCHER NORRIS PLC 2033 North Main Street Suite 800 Walnut Creek, CA. 94596 (925) 930-6600 (phone) (925) 930-6620 (fax) Cynthia A. Ricketts (pro hac vice) cindy.ricketts@dlapiper.com Allison L. Kierman (pro hac vice) allison.kierman@dlapiper.com DLA PIPER LLP (US) 2525 East Camelback Road, Suite 1000 Phoenix, AZ 85016 Tel: 480.606.5100 Fax: 480.606.5101 Attorneys for Defendant/Counterclaimant Best Western International, Inc. **E-Filed 5/3/2010** IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE Case No. C07-2351-JF (HRL) Adiba Mahroom, an individual; Majid Mahroom, an individual; Plaintiff, vs. Best Western International, Inc., an Arizona non-profit corporation; and Does 1 through 100, inclusive; Defendants. AND RELATED COUNTERCLAIM On April 27, 2009, a bench trial in this matter commenced and was concluded on May 4, 2009. Having considered the evidence presented at the bench trial, the parties' post trial briefs, and arguments of counsel, the Court previously issued its Findings and Fact and Conclusions of Law. See Docket No. 253. Therefore, the Court hereby enters Final Judgment and a permanent -----------------[PROPOSED] JUDGMENT AND PERMANENT INJUNCTION Trial Date: April 27, 2009 Hon. Jeremy Fogel JUDGMENT AND PERMANENT INJUNCTION C07-2351-JF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 injunction against Plaintiffs Majid and Adiba Mahroom ("the Mahrooms") in favor of Defendant Best Western International, Inc. ("BWI") on its Counterclaims as follows: A. Judgment is entered in BWI's favor on the Mahrooms' claims against BWI for breach of contract and injunctive relief. B. Judgment is entered in the Mahrooms' favor on their claim against BWI for failing to comply with the California Franchise Relations Act ("CFRA"). The Mahrooms are not entitled to any affirmative relief with respect to BWI's failure to comply with the CFRA. C. Judgment is entered in BWI's favor on its counterclaims against the Mahrooms for breach of contract and trademark infringement under the Lanham Act. BWI is not entitled to any monetary damages with respect to these claims, but is entitled to a permanent injunction as set forth herein. D. The Mahrooms, their agents, servants, employees, consultants, advisors, and attorneys and anyone acting in concert with any of them or in active participation with any of them, and anyone else with actual notice of this Order are HEREBY ENJOINED AND PROHIBITED from engaging in any of the following or assisting others in any of the following: (1) From using, displaying, or referencing BWI's trade name, trademarks, service marks, logos, and other similar identification symbols and intellectual property that have been, are currently, or in the future may be owned by BWI (the "BWI Marks") or any colorable imitation thereof or any other confusingly similar marks at, or in conjunction with the operation or marketing of, the Magic Carpet Lodge located at 1874 Fremont Boulevard, Seaside, California. (2) From using, displaying, or referencing anything consisting of one or more words, letters, designs, or devices which contain any part of the Best Western name or any Best Western symbol, which singularly or together are similar in spelling, sound, appearance, or otherwise are likely to cause confusion with the Best Western name, symbol, or BWI Marks at, or in -1 JUDGMENT AND PERMANENT INJUNCTION C07-2351-JF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conjunction with the operation or marketing of, the Magic Carpet Lodge located at 1874 Fremont Boulevard, Seaside, California. (3) From using, displaying, authorizing, licensing, or assisting or facilitating any other person's or entity's use or display of the BWI Marks or any colorable imitation thereof or any other confusingly similar marks at, or in conjunction with the operation or marketing of, the Magic Carpet Lodge located at 1874 Fremont Boulevard, Seaside, California. (4) From using or displaying anything consisting of or incorporating any one or more words, letters, designs, or devices that contain any component of the BWI Marks, or which singly or together are similar in spelling, sound, appearance, or in any other manner to the BWI Marks at, or in conjunction with the operation or marketing of, the Magic Carpet Lodge located at 1874 Fremont Boulevard, Seaside, California. (5) From using or displaying the BWI Marks to advertise and/or secure reservations on the Internet, including, but not limited to, the following websites: Expedia, Travelocity, Yahoo, Travelhero, and Travelhost for the Magic Carpet Lodge or any hotel/motel property located at 1874 Fremont Boulevard, Seaside, California. E. The Mahrooms are further ordered to remove from all websites, domain names, publications, and any other form of media all links and references linking the Magic Carpet Lodge to BWI's name, symbols, trademarks, and/or the BWI Marks. F. Within ten (10) days of entry of this Order, the Mahrooms shall file a certificate of compliance with the permanent injunction provisions of this Order. -2 JUDGMENT AND PERMANENT INJUNCTION C07-2351-JF 1 2 3 : 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. BWI is the prevailing party in this litigation. BWI shall submit its Motion for Award of Attorneys' Fees and Costs within thirty (30) days of entry of this Judgment. This is a FINAL JUDGMENT. Dated: 5/3/2010 _________________________________ JEREMY FOGEL United States District Judge -3 JUDGMENT AND PERMANENT INJUNCTION C07-2351-JF

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