Xtreme Diesel Performance, LLC v. Xtreme Diesel Performance, LLC

Filing 19

FINAL JUDGMENT AND PERMANENT INJUNCTION granting 15 Plaintiff's Motion for Default Judgment; adopting 17 Report and Recommendations. Plaintiff shall serve Defendant with a copy of this Judgment. The Clerk shall close the file. See Judgment for details. Signed by Judge Timothy J. Corrigan on 3/2/2017. (SEJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
XTREME DIESEL PERFORMANCE,
LLC,
Plaintiff,
v.

Case No. 5:16-cv-633-Oc-32PRL

XTREME DIESEL PERFORMANCE,
LLC,
Defendant.
FINAL JUDGMENT AND PERMANENT INJUNCTION
This case is before the Court on Plaintiff Xtreme Diesel Performance, LLC's
Motion for Default Judgment (Doc. 15). Additionally, Plaintiff filed a proposed
judgment and final order for permanent injunction. (Doc. 18). On February 8, 2017,
the assigned United States Magistrate Judge issued a Report and Recommendation
(Doc. 17) recommending that the Court grant the motion for default judgment and
enter judgment: permanently enjoining Defendant Xtreme Diesel Performance, LLC
from using Plaintiff’s federally registered trademarks; transferring and assigning the
domain name “xdpllc.com” to Plaintiff; and ordering Defendant to cease and desist all
action of unfair competition as alleged in the Complaint.
No party has filed an objection to the Report and Recommendation, and the time
in which to do so has passed. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); M.D. Fla.
R. 6.02(a).

Upon de novo review and for the reasons stated in the Report and
Recommendation (Doc. 17), it is hereby
ORDERED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 17) is

ADOPTED as the opinion of the Court.
2.

Plaintiff Xtreme Diesel Performance, LLC's Motion for Default Judgment

(Doc. 15) is GRANTED.
3.

Defendant Xtreme Diesel Performance, LLC is permanently restrained

and enjoined from using Plaintiff's federally registered trademarks:
a. XTREME DIESEL PERFORMANCE in International Class 35,
No. 3,222,049;
b. XDP in International Class 37, No. 3,747,340; and
c. XDP and design in International Class 25, No. 4,788,430.
4.

Within 30 days of this executed Final Order, Defendant must transfer

and assign the domain name "XDPLLC.com" to Plaintiff.
5.

Defendant is to immediately cease and desist all action of unfair

competition as alleged in the Complaint to include misleading the public, directing
visitors to Defendant’s web site who are looking to connect with Plaintiff, and
intentionally misappropriating the trademark to cause confusion in the marketplace.
6.

Furthermore, this Court will retain jurisdiction of this matter for the

purpose of enabling the Plaintiff to this Final Judgment to apply to the Court at any
time for such further Orders or Directives as may be necessary or appropriate for the

2

interpretation or modification of this Final Judgment, for the enforcement of
compliance therewith, or the punishment of violations thereof.
7.

Plaintiff shall serve Defendant with a copy of this Judgment.

8.

The Clerk shall close the file.

DONE AND ORDERED in Jacksonville, Florida the 2nd day of March, 2017.

sj
Copies to:
Honorable Philip R. Lammens
United States Magistrate Judge
Counsel of record

3