Cupid Charities, Inc. v. DEW, LLC, The

Filing 39

ORDER OF JUDGMENT, Granting 38 the Expedited Motion for Entry of Order of Judgment and order the following relief as requested in Plaintiffs Amended Complaint ECF No. 11 , by Judge Wiley Y. Daniel on 9/29/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00348-WYD-KLM
CUPID CHARITIES, INC.,
Plaintiff,
v.
The DEW, LLC,
Defendant.
ORDER OF JUDGMENT
THIS MATTER is before the Court on the Expedited Motion for Entry of Order of
Judgment (ECF No. 38). By way of background, a default and default judgment has been
entered in favor of Cupid Charities and against The DEW on all claims brought by Cupid
Charities. (ECF Nos. 36 and 37). Accordingly, I grant the pending motion (ECF No. 38),
and order the following relief as requested in Plaintiff’s Amended Complaint (ECF No. 11):
a)

Judgment is entered to reflect that Cupid Charities’ use of CUPID’S UNDIE
RUN (whether or not capitalized) does not violate § 32 of the Lanham Act,
15 U.S.C. § 1114, or constitute trademark infringement under the Lanham
Act or the common law of Colorado, of Defendant’s marks, U.S.
Registration Nos. 4,615, 907, 4,615, 908, and 4,133,557.

b)

Pursuant to § 14 of the Lanham Act, 15 U.S.C. § 1064, and § 39 of the
Lanham Act, 15 U.S.C. § 1119, Defendant’s marks, U.S. Registration Nos.
4,615, 907, 4,615, 908, and 4,133,557, are cancelled.

c)

Defendant The DEW, its agents, servants, employees, attorneys are
enjoined from interfering with, or threatening to interfere with, use of the
mark CUPID’S UNDIE RUN (whether or not capitalized) by Cupid Charities
or its agents, employees, representatives, sponsors, beneficiaries,
licensees, vendors, customers, successors, or assigns, including Cupid
Charities’ use of CUPID’S UNDIE RUN (whether or not capitalized) in any
social media platforms including but not limited to BuzzFeed, Facebook,
Twitter, and Instagram.

d)

Defendant The DEW is ordered to cooperate in the reinstatement of Cupid
Charities’ social media accounts, including but not limited to its accounts
with BuzzFeed, Facebook, Twitter, and Instagram.

e)

It is ordered that Defendant has not suffered any harm and is not entitled to
damages or other relief under 15 U.S.C. §1117.

f)

Cupid Charities is entitled to damages in an amount to be proven. Cupid
Charities shall file a motion for damages not later than 21 days after the
date of this order. Upon the Court’s resolution of such motion, Judgment as
to the amount of damages, attorney fees, and costs will be entered in favor
of Plaintiff and against the Defendant.

Dated: September 29, 2015
BY THE COURT:

/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE