G4 Media, LLC v. Xplay Links, et al

Filing 22

DEFAULT JUDGMENT and Permanent Injunction in favor of Plaintiff G4 Media, LLC and against Defendants Xplay Links and Alexandro Turcios in the amount of $100,000.00, reasonable attorneys' fees, costs, and post-judgment interest. IT IS FURT HER ORDERED that Clerk of Court shall refund to Plaintiff the $100 deposited as security for the temporary restraining order and preliminary injunction entered in this case. Signed by Judge Philip M. Pro on 12/20/11. (Copies have been distributed pursuant to the NEF - cc: USDC Finance - EDS)

Case 2:11-cv-00685-PMP -CWH Document 21-1

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Filed 12/20/11 Page 1 of 3

MICHAEL J. McCUE (Bar No. 6055)
[e-mail]
JONATHAN W. FOUNTAIN (Bar No. 10351)
[e-mail]
LEWIS AND ROCA LLP
3993 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff
G4 MEDIA, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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G4 MEDIA, LLC, a Delaware limited liability
company,

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Case No. 2:11-cv-685-PMP-GWF

Plaintiff,

FINAL JUDGMENT BY DEFAULT
AND PERMANENT INJUNCTION

vs.
XPLAY LINKS, a business of unknown origin;
ALEXANDRO TURCIOS, an individual,

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Defendants.
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Presently before the Court is Plaintiff’s Motion For Default Judgment And Permanent

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Injunction. The Court, having considered Plaintiff’s motion, the accompanying memorandum of

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points and authorities, the papers and pleadings on file in this case, and for good cause shown,

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IT IS HEREBY ORDERED that Plaintiff’s Motion For Default Judgment And
Permanent Injunction is GRANTED.

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THE COURT FINDS that Defendant XPLAY LINKS (“Xplay Links”) and Defendant

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Alexandro Turcios (“Turcios”) were regularly served with the Summons and Complaint in this

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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

I.

Default Judgment

action but have failed to appear and answer the Complaint within the period prescribed by law,
-12563901.1

Case 2:11-cv-00685-PMP -CWH Document 21-1

Filed 12/20/11 Page 2 of 3

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that the default of Xplay Links and Turcios was duly entered by the Clerk of the Court on

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November 7, 2011, and that Plaintiff is entitled to affirmative relief against the Defendants.

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Based upon the foregoing findings, and good cause appearing therefor;

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IT IS HEREBY ORDERED that Plaintiff G4 Media, LLC be awarded judgment against
Defendants Xplay Links and Turcios on Plaintiff’s Complaint, as follows:

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A.

Statutory damages in the amount of $100,000;

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B.

Reasonable attorneys’ fees;

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C.

Costs; and

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D.

Post-Judgment interest on the principal sum at the statutory judgment rate from

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the date of the entry of the Judgment until paid in full.

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II.

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IT IS HEREBY FURTHER ORDERED that Xplay Links and Turcios, including,

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without limitation, all of their respective partners, officers, agents, servants, employees and all

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other persons acting in concert or participation with Xplay Links or with Turcios are hereby

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permanently restrained and enjoined from:

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1.

Permanent Injunction

Using the X-PLAY mark and X-play logo (the “X-PLAY Mark”) or any

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confusingly similar variations thereof, alone or in combination with any other letters, words,

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letter strings, phrases or designs (including, but not limited to, the X-PLAY Mark) in commerce

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(including, but not limited to, on any website or within hidden text or metatags contained on or

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within any website, including the <XPlaylinks.com> website);

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2.

Registering or trafficking in any domain name containing the X-PLAY Mark or

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any confusingly similar variations thereof, alone or in combination with any other letters, words,

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phrases or designs; and

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3.

Copying or using any content posted by Plaintiff on its <X-Play.com> or

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confusingly similar mark.

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///

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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

<g4tv.com> websites that appears in conjunction with Plaintiff’s X-PLAY Mark or any

///
-22563901.1

Case 2:11-cv-00685-PMP -CWH Document 21-1

Filed 12/20/11 Page 3 of 3

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III.

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IT IS HEREBY FURTHER ORDERED that GoDaddy.com, Inc., the registrar of the

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<XPlayLinks.com> domain name, shall immediately transfer the registration for the

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<XPlayLinks.com> domain name to Plaintiff.

Transfer of Domain Name

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IV.

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IT IS HEREBY FURTHER ORDERED that the Clerk of the Court shall refund to

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Plaintiff the $100 deposited by Plaintiff as security for the temporary restraining order and

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preliminary injunction entered in this case.

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Refund of Security Deposit

ENTERED: this ______ day of _______________________, 2011.
20th day December, 2011.

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________________________________
_______________________
_
UNITED STATES DISTRICT JUDGE

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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

-32563901.1