Zuffa, LLC v. DOES 1-100 et al

Filing 30

DEFAULT JUDGMENT AND PERMANENT INJUNCTION in favor of Plaintiff Zuffa, LLC and against Defendants Albert Simental, Cedric Washington, Dadrian Huff, Darryl Cruikshank, Dennis Sonalvarro, Melvin Kidd, and Rudy Carranza. Plaintiff Zuffa, LLC is award ed judgment against Defendants on all claims in the First Amended Complaint. Plaintiff is awarded statutory damages against Defendants, jointly and severally, in a total amount of $7,000.00, with post-judgment interest on the principal sum a t the judgment rate from the date of entry of the Judgment until paid in full. The Clerk of the Court shall refund to Plaintiff the $2000.00 deposited by Plaintiff as security for the temporary restraining order and preliminary injunction entered in this case. Signed by Judge Andrew P. Gordon on 10/3/2013. (Copies have been distributed pursuant to the NEF - cc: Finance - SLD)

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3993 Howard Hughes Parkway
Suite 600
Las Vegas, NV 89169-5996

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JOHN L. KRIEGER (Nevada Bar No. 6023)
[e-mail]
NIKKYA G. WILLIAMS (Nevada Bar No. 11484)
[e-mail]
LEWIS ROCA ROTHGERBER LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169
[phone]
[phone]
Attorneys for Plaintiff
Zuffa, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ZUFFA, LLC, a Nevada limited liability
company,

)
)
)
Plaintiff,
)
)
vs.
)
)
RUDY CARRANZA, an individual; CEDRIC )
WASHINGTON, an individual; MELVIN
)
KIDD, an individual; DENNIS
)
SOBALVARRO, an individual; ALBERT
)
SIMENTAL, an individual; DARRYL
)
CRUIKSHANK, an individual; DADRIAN
)
HUFF, an individual; EDGAR IVAN
)
RAMIREZ GARCIA, an individual;
)
GEORGINA MARISCAL, an individual;
)
DAVID CERVANTES, an individual;
)
MARCOS GUSTAVO BONILLA)
HERNANDEZ, an individual; DIGNA
)
CHAVEZ, an individual; MAXIMA
)
VELASCO-LOPEZ, an individual; ISRAEL
)
RAMIREZ-GONZALEZ, an individual;
)
)
Defendants. )

Case No. 2:12-cv-01120-APG-CWH
[PROPOSED] DEFAULT JUDGMENT
AND PERMANENT INJUNCTION

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Plaintiff Zuffa, LLC having filed an application for entry of default judgment against

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Defendants Rudy Carranza, Cedric Washington, Melvin Kidd, Dennis Sobalvarro, Albert Simental,

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Darryl Cruikshank and Dadrian Huff (collectively “Defendants”) pursuant to Rule 55 of the Federal

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Rules of Civil Procedure, the Clerk of the Court having entered Default against Defendants on

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March 4, 2013, and, this Court having now given due consideration to Plaintiff’s application for

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such judgment as well as all papers, pleadings, and exhibits offered in support thereof by Plaintiff,

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the Court being further fully advised in the matter, it is therefore,

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ORDERED, ADJUDGED and DECREED that Judgment be entered in favor of Plaintiff

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Zuffa, LLC and against Defendants Rudy Carranza, Cedric Washington, Melvin Kidd, Dennis

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Sobalvarro, Albert Simental, Darryl Cruikshank and Dadrian Huff on all counts of Plaintiff’s

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Complaint; and, it is further ordered and adjudged that said Judgment shall include the following

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specific findings of fact and awarding of specific relief.
THE COURT HEREBY FINDS THAT:

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3993 Howard Hughes Parkway
Suite 600
Las Vegas, NV 89169-5996

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1.

Plaintiff is the owner of existing and valid U.S. trademark registrations for UFC®

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and related trademarks, including Registration No. 2,645,31; Registration No. 2,941,044;

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Registration No. 2,706,754; and Registration No. 2,576,367 (the “UFC® Marks”);

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2.

Defendants manufactured, distributed and offered for sale counterfeit merchandise

bearing the UFC® Marks (the “Infringing Merchandise”);
3.

The Infringing Merchandise is likely to cause confusion or to cause mistake or to

deceive.
4.

Defendants are liable for trademark counterfeiting, trademark infringement, unfair

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competition, intentional interference with prospective economic advantage, and negligent

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interference with contractual relations; and

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5.

Plaintiff has suffered and will continue to suffer irreparable harm for which an award

of damages would be inadequate, if Defendants are not enjoined from their infringing behavior.
THEREFORE, IT IS HEREBY ORDERED THAT Plaintiff Zuffa, LLC be awarded
judgment against Defendants on all claims in the First Amended Complaint.

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IT IS FURTHER ORDERED THAT Plaintiff be awarded statutory damages against

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Defendants, jointly and severally, in a total amount of $7,000.00, with post-judgment interest on the

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principal sum at the judgment rate from the date of entry of the Judgment until paid in full.

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IT IS FURTHER ORDERED THAT Defendants, their agents, servants, employees,

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attorneys, successors and assigns and all persons, firms and corporations acting in concert with

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them, and each of them, are hereby enjoined from: (1) using the UFC® Marks in connection with

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the manufacturing, distributing, offering for sale and selling of any goods, including, but not limited

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to, clothing, hats, posters, and other merchandise; and (2) aiding, abetting, inducing, or encouraging

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another to perform any of the acts enjoined herein.

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

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$2000.00 deposited by Plaintiff as security for the temporary restraining order and preliminary

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injunction entered in this case.

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ENTERED: this 3rd

day of

October

, 2013.

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3993 Howard Hughes Parkway
Suite 600
Las Vegas, NV 89169-5996

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___________________________________
The Honorable Andrew P. Gordon
UNITED STATES DISTRICT JUDGE

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