Chevron Intellectual Property, LLC et al v. Frausto et al

Filing 32

ORDER Enterin Default Judgment re: 30 Amended MOTION for Default Judgment as to Mun Cha Frausto filed by Chevron Intellectual Property, LLC, Chevron U.S.A. Inc. by Judge Christine M. Arguello on 3/10/2011. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 10-cv-01664-CMA-KMT CHEVRON INTELLECTUAL PROPERTY LLC, a Delaware limited liability company, and CHEVRON U.S.A. INC., a Pennsylvania corporation, Plaintiffs, v. MUN CHA FRAUSTO, an individual, and JOSE A. FRAUSTO, an individual, Defendants.

ORDER ENTERING DEFAULT JUDGMENT AGAINST DEFENDANT MUN CHA FRAUSTO

This matter comes before the Court on Plaintiffs' Amended Motion for Default Judgment Against Defendant Mun Cha Frausto (Doc. # 30). On January 4, 2011, an Entry of Default was entered by the Clerk of the Court (Doc. # 24). Plaintiffs seek a permanent injunction prohibiting Defendant Mun Cha Frausto from offering or selling any goods or services bearing or in connection with the Plaintiffs' TEXACO trademarks, or any other mark confusingly similar thereto. Plaintiffs also seek damages and recovery of their attorneys' fees in bringing this action. Having reviewed the record in this case, the Court makes the following findings and enters this permanent injunction against Defendant Mun Cha Frausto.

I. FINDINGS 1. This Court has jurisdiction over the subject matter of this case and over

Mun Cha Frausto. 2. 3. Venue as to Mun Cha Frausto in the District of Colorado is proper. The Complaint states a claim upon which relief may be granted against

Mun Cha Frausto pursuant to 15 U.S.C. §§ 1114(a) and 1125(a) and the common law of the State of Colorado. 4. Plaintiffs filed a proof of service showing Mun Cha Frausto was served a

copy of the Complaint on October 6, 2010. 5. Mun Cha Frausto failed to file an Answer to the Complaint, plead, or

otherwise appear in this action. 6. Default. 7. Default. 8. Cha Frausto. 9. 10. Mun Cha Frausto has not moved to set aside the Default. Because Mun Cha Frausto has failed to appear, there is no indication the On January 4, 2011, the Clerk of the Court entered default against Mun Mun Cha Frausto has not opposed Plaintiffs' Request for Clerk's Entry of On December 13, 2010, Plaintiffs filed a Request for Clerk's Entry of

default was due to excusable neglect.

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11. incompetent. 12. service. 13.

There is nothing of record that shows Mun Cha Frausto is an infant or

There is nothing of record that shows Mun Cha Frausto is in the military

On March 4, 2011, Plaintiffs filed the at-issue Amended Motion for Default

Judgment Against Defendant Mun Cha Frausto (Doc. # 30). 14. Among other things, the Complaint alleges that Defendant continued to

display the Plaintiffs' TEXACO trademarks on the gasoline service station located at 102 North Santa Fe Avenue, Fountain, Colorado, 80817, even though she is no longer an authorized TEXACO dealer. 15. By means of the Complaint, Plaintiffs request the Court to permanently

enjoin Mun Cha Frausto, her agents, servants, employees, representatives, and all other persons in active concert or participation, from further infringing any of Plaintiffs' federally registered trademarks, as well as to award damages, attorneys' fees and costs in this action, pursuant to 15 U.S.C. § 1117(a), which allows an award of attorneys' fees and costs for violation of §§ 1125(a), (c), or (d). 16. The Court has reviewed the Complaint, including exhibits thereto, and

finds all material facts concerning Defendant Mun Cha Frausto appear to be adequately pleaded and that it sufficiently states a cause of action against Mun Cha Frausto.

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17.

Defendant Mun Cha Frausto has been and still is infringing Plaintiffs'

TEXACO marks. 18. Defendant Mun Cha Frausto's conduct is likely to dilute by blurring or

tarnishment of Plaintiffs' TEXACO marks. Based on the foregoing findings and for good cause shown, the Court ORDERS: 1. That Defendant Mun Cha Frausto be permanently ENJOINED from offering or selling any goods or services bearing or in connection with the Plaintiffs' TEXACO trademarks, or any other trademark confusingly similar thereto; 2. That Plaintiffs have permission to enter the site to remove and destroy all signage or other elements of the facilities at 102 North Santa Fe Avenue, Fountain, Colorado, 80817, that contain TEXACO's marks or elements of its marks; 3. That Defendant Mun Cha Frausto shall pay to Plaintiffs damages in the amount of $1,518.00 representing the cost to remove and destroy all signage or other elements of the facilities at 102 North Santa Fe Avenue, Fountain, Colorado, 80817, that contain Plaintiffs' TEXACO trademarks or elements of the marks; 4. That Defendant Mun Cha Frausto shall pay to Plaintiffs reasonable attorneys' fees and costs in the amount of $9,860.40 pursuant to 15 U.S.C. § 1117(b); and

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5.

That this Court retain jurisdiction over construction, modification, and enforcement of as well as any matter pertaining to this judgment.

DATED this

10th

day of March, 2011. BY THE COURT:

_______________________________ CHRISTINE M. ARGUELLO United States District Judge

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