Lang Exterior Inc. v. Lang Windows Inc. et al

Filing 86

MOTION by Plaintiff Lang Exterior Inc. for judgment Against Defendants (Attachments: # 1 Text of Proposed Order)(Cahr, Darren)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
LANG EXTERIOR INC., an Illinois corporation
Plaintiff,

v.
LANG WINDOWS INC. and DIONNE LANG,
an Illinois corporation and
an individual
Defendants.

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No. 11-cv-5517

[PROPOSED] ORDER ON ENTRY OF JUDGMENT
THIS MATTER came before the Court on Lang Exterior Inc.’s Motion for Entry of
Judgment Against Defendants. This Court already entered orders of default against both
Defendants [Dkt. ## 80, 85], and pursuant to this Court’s Order of November 15, 2012 [Dkt. #
85], Lang Exterior Inc. submits this motion for judgment setting forth the specific relief sought
against Defendants.
Having carefully considered Lang Exterior Inc.’s Motion For Entry of Judgment Against
Defendants, as well as the pleadings, documentary evidence, and arguments by the parties, this
Court finds Lang Exterior Inc.’s Motion well taken, and that the following entry of judgment is
appropriate and necessary.
NOW THEREFORE, it is hereby ORDERED that:
(A)

Judgment be entered against Defendants on all counts of Lang’s Complaint;

(B)

Defendants shall be permanently enjoined from the use, in any manner

whatsoever, of Lang’s LANG and LANG EXTERIOR trademarks or any confusingly similar

mark, including phonetic equivalents, including without limitation all use by owners, officers,
directors, agents, shareholders, affiliates and/or employees of Defendants;
(C)

Defendants shall be permanently enjoined from the representation, in any

manner or by any method whatsoever, that Defendants’ goods or services are sponsored,
approved, or authorized by Lang, or from otherwise taking any action likely to cause
confusion, mistake or deception on the public as to the origin, approval, sponsorship or
certification of such goods or services;
(D)

Defendants transfer the www.langwindowsinc.com domain name to Lang

within ten (10) days of the entry of this order, and further directing the applicable registrar to
effectuate such transfer from Defendants to Lang;
(E)

Defendants deliver to the Court within fourteen (14) days of the entry of this

judgment any and all advertisements, brochures, promotional items and the like in its
possession or control which contain Lang’s LANG and/or LANG EXTERIOR trademarks, or
are likely to confuse consumers that Defendants’ goods or services are sponsored, approved, or
authorized by Lang;
(F)

Defendants deliver to Lang within fourteen (14) days of the entry of this

judgment any Lang company laptop and/or Lang customer list in Defendants’ possession,
custody or control, or otherwise provide Lang a sworn affidavit from Defendants stating that
such Lang company laptop and/or Lang customer list is not in Defendants’ possession, custody
or control;
(G)

Defendants shall be permanently enjoined from the disparagement of Lang

and/or making false statements regarding Lang or any of its employees or officers, including,
without limitation, Dawn Lang, Darb Lang, Doreen Lang and Eugene Lang;

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(H)

Defendants to turn over to Lang within fourteen (14) days of the entry of this

judgment detailed sales and financial information for the past two (2) years, including any
official tax returns as filed, in order to account for damages and profits due to Lang because of
the actions of Defendants that are the subject of this suit;
(I)

Lang be permitted to conduct third party discovery regarding Defendants’

financial relationships with third party manufacturers and vendors, including but not limited to
Polaris Technologies and Silver Line Windows, a subsidiary of Andersen Corporation, so that
Lang can accurately account for damages and profits due to Lang because of the actions of
Defendants that are the subject of this suit;
(J)

Defendants be ordered to pay Lang’s costs and attorneys’ fees incurred in

pursuing this action, including the failed settlement process and this motion for judgment,
which shall be provided to this Court in a separate filing under seal after completion of the
accounting and discovery contemplated in (H) and (I) above; and
(K)

Lang have such other and further relief as this Court may deem appropriate.

IT IS SO ORDERED

Dated: _____________

___________________________________
Hon. Sheila M. Finnegan
United States Magistrate Judge

CH01/ 25909882.1

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