Real Spirit USA, Inc. v. "Waterionizerscams" et al

Filing 25

ORDER GRANTING PLAINTIFF'S MOTION FOR FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION. This case will be administratively closed. (See pdf Order/Judgment/Injunction for specifics.) Signed by Judge Howard D. McKibben on 3/3/2017. (Copies have been distributed pursuant to the NEF - DRM)

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PARSONS BEHLE & LATIMER
Rew R. Goodenow, NV Bar No. 3722
Robert W. DeLong, NV Bar No. 10022
50 W. Liberty Street, Suite 750
Reno, Nevada 89501
Telephone: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff Real Spirit USA, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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REAL SPIRIT USA, INC., a Nevada
corporation,

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Plaintiff,

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Case No. 3:16-CV-00322

v.
ORDER GRANTING PLAINTIFF’S
MOTION FOR FINAL DEFAULT
JUDGMENT AND PERMANENT
INJUNCTION

“WATERIONIZERSCAMS”
(posting on the website www.YouTube.com);
“WATERIONIZERTRUTH”
(posting on the website www.YouTube.com);
JOHN DOES, 1-10, individually or as
corporations/business entities (posting
as “WATERIONIZERSCAMS” and
“WATERIONIZERTRUTH” on the
website www.YouTube.com),

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Defendants.

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THIS CAUSE came before the Court on Real Spirit USA, Inc.’s (“RSU”) Motion for Final

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Default Judgment and Permanent Injunction (the “Motion”).

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defendants

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“Defendants”) have failed to appear, plead, or otherwise defend as required by the Federal Rules

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PARSONS
BEHLE &
LATIMER

WATERIONIZERSCAMS

and

The Court hereby finds that

WATERIONIZERTRUTH

(collectively

of Civil Procedure. Accordingly, the Court hereby finds that RSU’s Motion be GRANTED, and
this Court enters Judgment and injunctive relief in favor of RSU as outlined below. RSU and

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Defendants are collectively referred to as the “Parties.”

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JUDGMENT
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants have made
false and disparaging statements about RSU on the Internet, including in videos Defendants
published on the websites found at the following URLs: www.youtube.com (“YouTube”) and
www.dailymotion.com (“Dailymotion”).
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the statements addressed

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

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


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https://www.youtube.com/watch?v=ES7O4pyqRGE
https://www.youtube.com/watch?v=Pn7gJG6LeLw
http://www.dailymotion.com/video/x21xd6m_air-water-life-review_tech
http://www.dailymotion.com/video/x21xd3b_air-water-life-ionizer-scam_tech
https://www.youtube.com/watch?v=RehOedUMGys

are misleading, false, and cause damage to RSU.

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PERMANENT INJUNCTION

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IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:
A.

Defendants and their agents and assigns are prohibited from any further acts of

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regarding RSU or its products on YouTube, Dailymotion, or any other website or publication;
B.

The Parties are mandated to take all reasonable actions they can under the law to

remove the defamatory, disparaging, libelous, and false statements about RSU that Defendants
made in the videos published on YouTube and Dailymotion, including requesting that YouTube
and Dailymotion remove the videos Defendants published at the following URLs:
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https://www.youtube.com/watch?v=ES7O4pyqRGE
https://www.youtube.com/watch?v=Pn7gJG6LeLw
http://www.dailymotion.com/video/x21xd6m_air-water-life-review_tech
http://www.dailymotion.com/video/x21xd3b_air-water-life-ionizer-scam_tech
https://www.youtube.com/watch?v=RehOedUMGys;

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PARSONS
BEHLE &
LATIMER

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C.

The Parties are mandated to request that Internet search engines such as Google,

Yahoo! and Bing remove from their search indices the URLs specified above; and
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As it is possible that the above-referenced URLs and the videos contained therein

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will appear on additional web pages or search engines in the future, including, but not limited to,

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index, directory, and search results pages, The Parties are mandated to take all reasonable actions

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available under the law to attempt to remove all such web pages from the Internet, including

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requesting removal of all such web pages from the search engines of Google, Yahoo!, and Bing.

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E.

This case will be administratively closed. However, the Plaintiff may file an

application to have this case re-opened in the event that the videos identified above appear on

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additional web pages or search engines in the future, and are not promptly removed by the

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defendants.

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IT IS SO ORDERED.
March
3rd
DATED this ____ day of __________________, 2017.

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UNITED STATES DISTRICT JUDGE

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PARSONS
BEHLE &
LATIMER

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