MERSCORP Holdings, Inc. et al v. MERS, Inc, et al

Filing 31

JUDGMENT AND PERMANENT INJUNCTION. Signed by Judge Beth Labson Freeman on 5/3/2017. (blflc1S, COURT STAFF) (Filed on 5/3/2017)

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NORTHERN DISTRICT OF CALIFORNIA

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REED SMITH LLP

UNITED STATES DISTRICT COURT

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A limited liability partnership formed in the State of Delaware

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SAN JOSE DIVISION

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12 MERSCORP HOLDINGS, INC., a Delaware

No.: 16-cv-04380-BLF

corporation, and MORTGAGE ELECTRONIC
13 REGISTRATION SYSTEMS, INC., a Delaware
corporation,

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[PROPOSED] JUDGMENT AND
PERMANENT INJUNCTION

Plaintiff,
vs.
MERS, INC, a California corporation,

17 MORTGAGE ELECTRONIC REGISTRATION
SYSTEM, INC. (MERS), a California

18 corporation,
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Defendants.

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PROPOSED JUDGMENT AND PERMANENT INJUNCTION
Case No. 16-cv-04380-BLF

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The Court having granted Plaintiffs’ motion for default judgment,

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Judgment is HEREBY ENTERED for Plaintiffs and against Defendants on all claims set

3 forth in the complaint, and permanent injunctive relief is HEREBY ORDERED as follows:
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1.

Defendants MERS, Inc. and Mortgage Electronic Registration System, Inc. (MERS),

5 whose corporate names have been changed to “Jack Lyles, Inc.” and “Connie Vargas, Inc.”
6 respectively (collectively “Defendants”) are liable for infringement of Plaintiff MERSCORP
7 HOLDINGS, INC.’s (“MERSCORP”) federally registered MERS® word mark (U.S. Trademark
8 Registration No. 2,084,831) under 15 U.S.C. Section 114.
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2.

Defendants are liable for false designation of origin under 15 U.S.C. Section 1125(a)

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 based on their use of names substantially similar to Plaintiff MERSCORP and Mortgage Electronic
11 Registration Systems, Inc.’s (collectively “Plaintiffs”) trade names.
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3.

Defendants are liable for unfair competition under California Business and

13 Professions Code Section 17200, et seq.
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4.

Defendants, their officers, agents, servants, employees and attorneys and those in

15 active concert or participation with them, are hereby permanently restrained and enjoined from:
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a.

Using the MERS® Mark, MERSCORP trade name, or MORTGAGE

17 ELECTRONIC REGISTRATION SYSTEMS, INC. trade name, or any confusingly similar versions
18 thereof, in commerce in the United States;
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b.

Maintaining an active corporation with the name MERS, INC or

20 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. (MERS) or any confusingly
21 similar name; and
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c.

Assisting, aiding, or abetting any other person or entity in engaging in or

23 performing any of the activities referred to in subparagraphs (a) and (b) above.
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IT IS SO ORDERED AND ADJUDGED.

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DATED: May 3, 2017
United States District Judge

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PROPOSED JUDGMENT AND PERMANENT INJUNCTION
Case No. 16-cv-04380-BLF