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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 MINE O’MINE, INC., 11 Plaintiff, 12 v. 13 Case No. 2:10-CV-00043-KJD-PAL MICHAEL D. CALMESE, et al., 14 ORDER Defendants. 15 16 17 18 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 19 Mine O’Mine (“MOM”) on: (1) its claims for trademark infringement (Claim I) and unfair 20 competition (Claims II and V); and (2) Defendant Calmese’s counterclaims for trademark 21 infringement, unfair competition and defamation. The Court also entered summary judgment in 22 favor of Defendant Calmese and True Fan Logo, Inc. on the right of publicity claim (Count VI).1 23 The sole remaining claims are MOM’s claims for cybersquatting (Count IV) and trademark dilution 24 (Count V). (See Compl. #1.) 25 26 1 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. 1 In its Complaint, Plaintiff sought entry of a preliminary and permanent injunction prohibiting 2 the Defendants from using or registering the trademark and domain names at issue in this litigation. 3 They also requested a preliminary and permanent injunction requiring the current domain name 4 registrar or registry to transfer the <shaqtus.net> domain name registration to Plaintiff. Plaintiffs 5 also sought damages, costs, and attorneys’ fees. 6 Plaintiff moves the Court for entry of final judgment pursuant to Fed. R. Civ. P. 54(b). Rule 7 54(b) permits the Court to direct entry of final judgment on any claim when the Court determines 8 that there is no just reason for delay. 9 Plaintiff argues that there is no just reason for delay because entry of final judgment would 10 end the litigation and provide the relief it seeks. If final judgment is entered, MOM agrees to forego 11 its remaining claims for cybersquatting and trademark dilution and its claim for damages. MOM 12 would only seek interest, costs, and attorneys’ fees by a separate motion. 13 Calamese attempts to argue that the parties should proceed to trial on Plaintiff’s two 14 remaining claims. Accordingly to Calamese, trial on Plaintiff’s remaining causes of action will allow 15 Calamese to show fraudulent conduct on the part of Plaintiff. Calamese gives no indication of the 16 nature or evidence of the unpled fraudulent conduct he intends to prove. 17 Calamese’s argument lacks merit. Because the litigation would be terminated by entry of 18 final judgment, the Court determines that there is no just reason for delay. The Court will direct 19 entry of final judgment as requested by Plaintiff in its [Proposed] Order Entering Final Judgment. 20 21 22 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion for Entry of Final Judgment (#67) is GRANTED. DATED this 21st day of October 2011. 23 24 25 26 _____________________________ Kent J. Dawson United States District Judge 2

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