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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1 2 3 4 5 6 7 NORTHERN DISTRICT OF CALIFORNIA 10 REED SMITH LLP UNITED STATES DISTRICT COURT 9 A limited liability partnership formed in the State of Delaware 8 SAN JOSE DIVISION 11 12 MERSCORP HOLDINGS, INC., a Delaware No.: 16-cv-04380-BLF corporation, and MORTGAGE ELECTRONIC 13 REGISTRATION SYSTEMS, INC., a Delaware corporation, 14 15 16 [PROPOSED] JUDGMENT AND PERMANENT INJUNCTION Plaintiff, vs. MERS, INC, a California corporation, 17 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. (MERS), a California 18 corporation, 19 Defendants. 20 21 22 23 24 25 26 27 28 –1– PROPOSED JUDGMENT AND PERMANENT INJUNCTION Case No. 16-cv-04380-BLF 1 The Court having granted Plaintiffs’ motion for default judgment, 2 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: 4 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. 9 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. 12 3. Defendants are liable for unfair competition under California Business and 13 Professions Code Section 17200, et seq. 14 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: 16 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; 19 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 22 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. 24 IT IS SO ORDERED AND ADJUDGED. 25 26 DATED: May 3, 2017 United States District Judge 27 28 –2– PROPOSED JUDGMENT AND PERMANENT INJUNCTION Case No. 16-cv-04380-BLF

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