Herb Reed Enterprises, Inc. et al v. Bennett et al

Filing 60

DEFAULT JUDGMENT AND PERMANENT INJUNCTION as to Defendants Five Platters, Inc. and Personality Productions, Inc. Signed by Judge James C. Mahan on 5/16/11. (Copies have been distributed pursuant to the NEF - ECS)

Case 2:10-cv-01981-JCM -RJJ Document 55

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Filed 05/02/11 Page 1 of 4

JOHN L. KRIEGER (Nevada Bar No. 6023)
[e-mail]
LEWIS AND ROCA LLP
3993 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
[phone]
[phone] (fax)
ERIC SOMMERS
(Admitted Pro Hac Vice)
SOMMERS LAW, PLLC
600 State Street, Suite 1
Portsmouth, New Hampshire 03801
[phone]
Attorneys for Herb Reed Enterprises, Inc.,
Herb Reed Enterprises, LLC and Herbert Reed

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HERB REED ENTERPRISES, INC., a Delaware
company; HERB REED ENTERPRISES, LLC,
a Massachusetts company; and HERBERT
REED, an individual,

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Plaintiff,

CASE NO: 2:10-CV-01981-JCM-RJJ
[PROPOSED]
DEFAULT JUDGMENT AND
PERMANENT INJUNCTION

v.
JEAN BENNETT, an individual; FIVE
PLATTERS, INC., a California corporation; and
PERSONALITY PRODUCTIONS, INC., a
Nevada corporation

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Defendants

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This matter having come before the Court on plaintiffs Herb Reed Enterprises, Inc. Herb

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Reed Enterprises, LLC, and Herbert Reed’s Motion for Default Judgment and the court having

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granted the motion, therefore,

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IT IS HEREBY ORDERED, ADJUGED AND DECREED that
A.

That Defendants Five Platters Inc. and Personality Production have never

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used the mark “The Platters” in a manner that is not false and misleading and thus never
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Lewis and Roca LLP
40 North Central Avenue
Phoenix, Arizona 85004-4429

acquired common law rights to the mark and cannot assert that they have.
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Case 2:10-cv-01981-JCM -RJJ Document 55

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B.

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Herbert Reed, having first used the mark “The Platters” in commerce in

1953, and having continuously used the mark in commerce since then has superior rights to
the mark to all others, including Five Platters, Inc. and Personality Productions, Inc., and

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anyone claiming rights from or through them.
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IT IS FURTHER ORDERED, ADJUGED AND DECREED that Defendants Five

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Platters. Inc. (“FPI”) and Personality Productions, Inc. (“PPI”), their agents, servants,

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representatives, licensees, affiliates, successors, assigns, attorneys, partners, officers, employees,

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successors, and assigns of each and all persons, firms, or corporations in active concert of

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participation with any of them, are immediately and permanently enjoined, anywhere in the world,
directly or indirectly, as follows:

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A.

From using the name “The Platters” or any other name referring to or

including the word “Platter” or “Platters” and any other name or names confusingly similar
or derivative thereof;
B.

From licensing, claiming to have licensed, otherwise purporting to grant, or

have granted, any rights to any person or entity to engage in any live musical performance
or related entertainment using the name “The Platters,” “The Buck Ram Platters,” “The
Platters Featuring (the name of any person(s) or entity(ies))” or any other name or names

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confusingly similar or derivative thereof;
C.

From causing, aiding, or assisting any person or entity to engage in any live

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musical performance or related entertainment service using the name “The Platters,” “The

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Buck Ram Platters,” “The Platters Featuring (the name of any person(s) or entity(ies))” or

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any other name or names confusingly similar or derivative thereof;

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D.

From promotional activities or advertising, television, radio, internet or any

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print or non-print media undertaken and commissioned using the name “The Platters” or
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Lewis and Roca LLP
40 North Central Avenue
Phoenix, Arizona 85004-4429

any other name or names confusingly similar or derivative thereof;
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Case 2:10-cv-01981-JCM -RJJ Document 55

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E.

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From infringing upon the goodwill associated with any of Plaintiffs’ names

or service marks, or otherwise using the name “The Platters,” or any other name or names
confusingly similar or derivative thereof;

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F.

From infringing or otherwise using the name “The Platters” or any other

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name confusingly similar thereof, in any manner, including, but not limited to, advertising,

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promoting or licensing the performance of any group or individual that infringes upon

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Plaintiffs’ marks or derivatives thereof;

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G.

From engaging in any conduct, including the advertisement, promotion,

performance or licensing of any performance or performers using the name “The Platters
or any other name confusingly similar thereof, that tends to falsely represent, or is likely to

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confuse, mislead, or deceive purchasers of Plaintiffs’ services, Plaintiffs’ customers,
Plaintiffs’ promoters, or members of the public to believe that Defendants are sponsored,

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approved or licensed by Plaintiffs or anyone else, or are in some way associated, affiliated

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or connected with the Plaintiffs or “The Platters;”

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H.

From diluting and infringing the trade name “The Platters” or damaging

Plaintiffs’ goodwill, reputation, and business or otherwise competing unfairly with
Plaintiffs in any manner;

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I.

From using or permitting or acquiescing in the use by others of any

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unauthorized licensing, promotional and advertising material, agreements, labels,

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announcements, signs, and any other unauthorized items which reproduce, copy, imitate,

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or bear the trade name “The Platters” or any other confusingly similar or derivative

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thereof;

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J.

From asserting that either FPI or PPI have, or ever had, rights at common

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law or otherwise in the name “The Platters;” and
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Lewis and Roca LLP
40 North Central Avenue
Phoenix, Arizona 85004-4429

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Case 2:10-cv-01981-JCM -RJJ Document 55

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K.

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From effecting assignments or transfers, forming new entities or

associations, or utilizing any other means for the purpose of circumventing or otherwise

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avoiding the prohibitions of this Order.

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IT IS FURTHER ORDERED, ADJUGED AND DECREED that Plaintiffs Herb Reed
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Enterprises, Inc., Herb Reed Enterprises, LLC and Herbert Reed are hereby permitted to seek their

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attorneys’ fees and costs, in an amount as determined after submission of an affidavit of fees and

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costs that complies with the provisions of Local Rule 54-16.

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IT IS ALSO ORDERED, ADJUGED AND DECREED that that Jurisdiction of this case
shall be retained by this Court for the purpose of enforcing this Judgment.

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Dated:

May 16, 2011
The Honorable James C. Mahan
United States District Judge

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Lewis and Roca LLP
40 North Central Avenue
Phoenix, Arizona 85004-4429

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