Dataworks, LLC v. Commlog LLC

Filing 173

ORDER granting 172 Stipulated Motion for Permanent Injunction. The 5-day jury trial set to begin on December 12, 2011 is hereby VACATED, and all pending motions are DENIED as moot; This case is DISMISSED WITH PREJUDICE, each party shall pay its or his own attorneys fees and costs. This Court shall retain jurisdiction to enforce this Permanent Injunction; and The Clerk shall enter Judgment on this Order of Dismissal. by Judge William J. Martinez on 12/5/2011.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No: 09-CV-00528-WJM-BNB
B2A, LLC,
a Colorado limited liability company,
Plaintiff,
v.
COMMLOG LLC,
an Arizona limited liability company, and
STEVEN STREIFF, an individual
Defendants.

ORDER GRANTING STIPULATED MOTION AND PERMANENT INJUNCTION

This matter comes before the Court on the parties’ Stipulated Motion for Entry of
Injunction and Dismissal filed December 2, 2011 (ECF No. 172). The Court, having
reviewed the Motion and record, and noting that all parties have agreed to the relief
requested therein, FINDS as follows:
1.

Plaintiff alleges that Defendants infringed on Plaintiff’s rights in two
registered trademarks owned by Plaintiff, “Dataworks” (Registration No.
2080678) and “The Manager’s Red Book” (Registration No. 3100193) and
has raised additional claims, all of which the Defendants have denied;

2.

The Parties have settled this matter and jointly request that the Court
enter this Order and Permanent Injunction and dismiss this case, with
prejudice, each party to bear its or his own attorneys’ fees and costs; and

3.

Good cause has been shown for entry of the Permanent Injunction.

Therefore, the Court ORDERS as follows:
1.

The Stipulated Motion is GRANTED.

2.

Defendants Commolog LLC and Steven Streiff are hereby permanently
enjoined from infringing on Dataworks’ registered trademarks, “Dataworks”
(Registration No. 2080678) and “The Manager’s Red Book” (Registration
No. 3100193), by using these trademarks, including by using either or
both of these trademarks to identify, advertise or otherwise promote their
products. Th injunction shall not prohibit non-infringing uses, as
determined by applicable case law as of the time of the alleged
infringement, including without limitation, fair use of the marks in
comparative advertising or commentary and use of the individual root
words manage and Red Book apart from each other in their descriptive
sense. However, Commlog and Streiff shall not use the words manage
and Red Book together to identify a product or service of Commlog or
Steven Streiff;

2.

The 5-day jury trial set to begin on December 12, 2011 is hereby
VACATED, and all pending motions are DENIED as moot;

3.

This case is DISMISSED WITH PREJUDICE, each party shall pay its or
his own attorney’s fees and costs. This Court shall retain jurisdiction to
enforce this Permanent Injunction; and

4.

The Clerk shall enter Judgment on this Order of Dismissal.

2

Dated this 5th day of December, 2011.
BY THE COURT:

_______
William J. Martínez
United States District Judge

3