CROSSFIT, INC. v. 2XR FIT SYSTEMS, LLC et al

Filing 15

ORDER granting 9 Motion for Default Judgment for the sum of $244,824.76 in favor of pltf. Crossfit, Inc. and against defts. 2XR Fit Systems, LLC, & Jay Alvarez ***CIVIL CASE TERMINATED; granting 9 Motion for Permanent Injunction ***CIVIL CASE TERMINATED. Signed by Judge Kevin McNulty on 3/11/2014. (nr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CROSSFIT, INC.,

Civ. No. 2:13-1108 (KM)
Plaintiff,
ORDER & JUDGMENT

v.
2XR FIT SYSTEMS, LLC, JAY
ALVAREZ, and DOES 1-10.
Defendants.
KEVIN MCNULTY, U.S.D.J.:

THIS MATTER having been opened to the Court by the Plaintiff,
CrossFit’s Motion for Default Judgment against Defendants 2XR Fit Systems,
LLC (“2XR”) and Jay Alvarez (Docket No. 9), pursuant to Fed. R. Civ. P. 55(b)(2);
and the motion being unopposed; and the Court having issued an Order to
Show Cause why default judgment should not be entered in Plaintiffs’ favor
(Docket No. 10); and Defendants having failed to respond to this Order; and
Plaintiff having filed supplemental briefs and accompanying exhibits in support
of this motion (Docket No. 11); and the Court having considered the moving
papers and the entire case file; and
IT APPEARING that Defendants were served with the Complaint on April

4, 2013 (Docket Nos. 5, 6), but did not respond; that the Clerk entered default
as to Defendants on May 20, 2013; and for good cause shown
IT IS this 11th day of March 2014,
ORDERED and ADJUDGED that Plaintiff’s Motion for Default Judgment

is GRANTED and judgment shall be entered against Defendants, in the total
amount of $244,824.76 (which figure consists of $226,311.26 in damages,
plus $17,608.50 in attorneys’ fees, plus $905.00 in costs, for a total of
$244,824.76); and it is further
and ADJUDGED that
following injunctive relief:
ORDERED

Plaintiff is

GRANTED

the

Defendants, individually and collectively, for themselves and their
principals, partners, agents, servants, employees, independent
contractors, and all persons in active concert and participation
with them shall be permanently restrained and enjoined from
infringing upon the “CrossFit” trademarks and from using any
confusingly similar terms, in any manner, including but not
limited to the following activities:
1. Offering, providing, or purporting to offer or provide
fitness classes or fitness training using the “CrossFit” name,
and/or any confusingly similar terms, including but not
limited to Cross Fitness, Xross Fitness, and XFit;
2. Using the “CrossFit” name, and/or any confusingly similar
terms, including but not limited to Cross Fitness, Xros
Fitness, and XFit, on their websites (including but not
limited to text in meta-tags), blogs, social media profiles
advertisements,
listings,
and
directories
business
promotional materials, and third-party sites where company
information is submitted by Defendants regarding their
personal training services, and at their facilities;
3. Registering, using, or selling any trademark, trade name,
or domain names with the formative “CrossFit,” and/or any
confusingly similar terms, including but not limited to Cross
Fitness, Xross Fitness, and XFit, and from encouraging or
assisting any third party to do the same, in connection with
any goods or services related or similar to those of CrossFit.

KEVIN MCNULTY
United States District