Mine O'Mine, Inc. v. Calmese et al

Filing 70

ORDER Granting 67 Motion for Entry of Final Judgment. Signed by Judge Kent J. Dawson on 10/21/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MINE O’MINE, INC.,

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Plaintiff,

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v.

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Case No. 2:10-CV-00043-KJD-PAL

MICHAEL D. CALMESE, et al.,

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ORDER

Defendants.

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Before the Court is Plaintiff’s Motion for Judgment (#67). Defendant Calamese filed an
opposition (#68) and Plaintiff filed a reply (#69).
In its July 12, 2011 Order (#66), the Court entered summary judgment in favor of Plaintiff

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Mine O’Mine (“MOM”) on: (1) its claims for trademark infringement (Claim I) and unfair

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competition (Claims II and V); and (2) Defendant Calmese’s counterclaims for trademark

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infringement, unfair competition and defamation. The Court also entered summary judgment in

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favor of Defendant Calmese and True Fan Logo, Inc. on the right of publicity claim (Count VI).1

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The sole remaining claims are MOM’s claims for cybersquatting (Count IV) and trademark dilution

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(Count V). (See Compl. #1.)

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Defendant True Fan Logo, Inc. is a dissolved corporation. To the extent that it exists, Mr. Calamese controls
and is pro se counsel for True Fan Logo.

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In its Complaint, Plaintiff sought entry of a preliminary and permanent injunction prohibiting

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the Defendants from using or registering the trademark and domain names at issue in this litigation.

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They also requested a preliminary and permanent injunction requiring the current domain name

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registrar or registry to transfer the <shaqtus.net> domain name registration to Plaintiff. Plaintiffs

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also sought damages, costs, and attorneys’ fees.

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Plaintiff moves the Court for entry of final judgment pursuant to Fed. R. Civ. P. 54(b). Rule

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54(b) permits the Court to direct entry of final judgment on any claim when the Court determines

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that there is no just reason for delay.

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Plaintiff argues that there is no just reason for delay because entry of final judgment would

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end the litigation and provide the relief it seeks. If final judgment is entered, MOM agrees to forego

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its remaining claims for cybersquatting and trademark dilution and its claim for damages. MOM

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would only seek interest, costs, and attorneys’ fees by a separate motion.

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Calamese attempts to argue that the parties should proceed to trial on Plaintiff’s two

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remaining claims. Accordingly to Calamese, trial on Plaintiff’s remaining causes of action will allow

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Calamese to show fraudulent conduct on the part of Plaintiff. Calamese gives no indication of the

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nature or evidence of the unpled fraudulent conduct he intends to prove.

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Calamese’s argument lacks merit. Because the litigation would be terminated by entry of

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final judgment, the Court determines that there is no just reason for delay. The Court will direct

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entry of final judgment as requested by Plaintiff in its [Proposed] Order Entering Final Judgment.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion for Entry of Final
Judgment (#67) is GRANTED.
DATED this 21st day of October 2011.

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_____________________________
Kent J. Dawson
United States District Judge
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