Left Coast Wrestling, LLC. v. Dearborn International, LLC. et al

Filing 48

Order or Entry of Judgment; Monetary Award and Permanent Injunction. Signed by Judge Larry Alan Burns on 7/12/2018.(All non-registered users served via U.S. Mail Service)(jdt)

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UNITED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF CALIFORNIA

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11 LEFT COAST WRESTLING, LLC, a
California limited liability company,
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Plaintiff,
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v.
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DEARBORN INTERNATIONAL LLC, a
15 California limited liability company, d/b/a
Tri Titans; and DUKE MINH LE, an
16 individual,
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Case No. 3:17-CV-0466-LAB-NLS
ORDER FOR ENTRY OF
JUDGMENT; MONETARY
AWARD AND PERMANENT
INJUNCTION

Defendants.

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19 DEARBORN INTERNATIONAL LLC, a
California limited liability company, d/b/a
20 Tri Titans; and DUKE MINH LE, an
individual,,
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Counterclaimants,
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v.
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LEFT COAST WRESTLING, LLC, a
24 California limited liability company;
AARON ROOT, an individual; and PERRY
25 WATSON, an individual,,
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Counterdefendants.

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ORDER FOR ENTRY OF JUDGMENT; MONETARY AWARD AND PERMANENT INJUNCTION
CASE NO. 3:17-CV-0466-LAB-NLS

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Default judgment having been entered (Docket No. 47) in favor of Plaintiff
LEFT COAST WRESTLING, LLC (“Plaintiff”), and against Defendants

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4 DEARBORN INTERNATIONAL LLC, also known as and/or doing business as
5 TRI TITANS and DUKE MINH LE, an individual (collectively, “Defendants”),
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and after review of the Report and Recommendation for Order Granting Default

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8 Judgment (Docket No. 38) and Supplemental Recommendation for Order
9 Granting Additional Fees and Costs (Docket No. 44), and having adopted the
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recommendations (Docket No. 46), it is hereby ORDERED THAT:
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Defendants are ORDERED to pay to Plaintiff:
1.
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a.

Damages in the amount of $176,277.70;

b.

Attorneys’ fees in the amount of $59,491.06; and

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Costs in the amount of $2,692.05, for a total monetary award in
favor of Plaintiff and against Defendants, jointly and severally,

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in the amount of $238,460.81. Judgment is hereby entered in

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favor of Plaintiff and against Defendants, jointly and severally,

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in the amount of $238,460.81. Plaintiff is entitled to post-

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judgment interest in accordance with 28 U.S.C. § 1961.
IT IS HEREBY FURTHER ORDERED THAT a permanent injunction

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follows:
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ORDER FOR ENTRY OF JUDGMENT; MONETARY AWARD AND PERMANENT INJUNCTION
CASE NO. 3:17-CV-0466-LAB-NLS

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1.

Defendants; their officers, directors, owners, employees, and agents;

and all those working in concert with Defendants are permanently enjoined as

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a.

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They shall not use in commerce the phrase or trademark “Battle on
the Midway”;

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b.

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on the Midway” or its derivatives and cooperate with the withdrawal

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of the same;

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Defendants shall release all right and claim in the trademark “Battle

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Defendants shall immediately return to Plaintiff by facilitating the
transfer of the rights with the host company or otherwise, any and all
media related intellectual property of Plaintiff, including without

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limitation,

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i.

The Battle on the Midway Facebook page and account together

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with all codes, passwords, credentials or other information

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necessary to fully access, implement and operate the same;

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ii.

The Battle on the Midway Instagram page and account together

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with all codes, passwords, credentials or other information

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necessary to fully access, implement and operate the same;

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iii.

Any and all web hosting accounts associated with the Battle on

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the Midway together with all codes, passwords, credentials or
other information necessary to fully access, implement and
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ORDER FOR ENTRY OF JUDGMENT; MONETARY AWARD AND PERMANENT INJUNCTION
CASE NO. 3:17-CV-0466-LAB-NLS

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operate the same;

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iv.

Any and all URL hostings and URL listings associated with the

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Battle on the Midway together with all codes, passwords,

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credentials or other information necessary to fully access,

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implement and operate the same;

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v.

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Any TrackWrestling databases associated with the Battle on
the Midway, including together with all codes, passwords,

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credentials or other information necessary to fully access,

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implement and operate the same;

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vi.

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Any and all Battle on the Midway tournament registration
databases in any form, together with all codes, passwords,

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credentials or other information necessary to fully access,

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implement and operate the same;

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d.

Defendants shall immediately cease, desist and disable any cross

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links from the Battle on the Midway website or search terms to

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Defendants’ websites or social media portals and locations;

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e.

Defendants shall post a copy of this Order and Permanent Injunction

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on the Ultimate Summer Series Website

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(www.ultimatesummerseries.com);

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f.

Defendants shall provide a copy of this Order and Permanent
Injunction to all distributors, wholesalers, retailers or other agents
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ORDER FOR ENTRY OF JUDGMENT; MONETARY AWARD AND PERMANENT INJUNCTION
CASE NO. 3:17-CV-0466-LAB-NLS

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participating in the marketing and distribution of infringing products;
g.

Defendants shall immediately return to Plaintiff via electronic format

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and thereafter permanently delete and cease the use any and all

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databases that include contact information for attendees or spectators

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for the 2016 or 2017 wrestling event together with all codes,

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passwords, credentials or other information necessary to fully access,

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implement and operate the same;

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h.

Defendants shall immediately return to Plaintiff any and all products

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belonging to Plaintiff, LEFT COAST WRESTLING, LLC, including

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products with the Battle on the Midway logo; and,

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i.

Defendants shall immediately cease from coordinating, promoting, or

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hosting wrestling tournaments at or near the U.S.S. Midway Museum

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and/or the Broadway Pier and shall be enjoined from directly or

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indirectly performing wrestling tournaments at that finite location for
a period of three (3) years.

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ORDER FOR ENTRY OF JUDGMENT; MONETARY AWARD AND PERMANENT INJUNCTION
CASE NO. 3:17-CV-0466-LAB-NLS

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IT IS HEREBY FURTHER ORDERED THAT Defendant, DUKE
MINH LE, the individual, is expelled as a member from Plaintiff, LEFT COAST

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4 WRESTLING LLC effective as of September 30, 2016.
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IT IS SO ORDERED.
Dated: July 12, 2018

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Hon. Larry Alan Burns
United States District Judge

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ORDER FOR ENTRY OF JUDGMENT; MONETARY AWARD AND PERMANENT INJUNCTION
CASE NO. 3:17-CV-0466-LAB-NLS