DAYS INNS WORLDWIDE, INC. v. OZARK MOTELS PROPERTIES, INC. et al

Filing 12

ORDER granting 11 Motion for Permanent Injunction granting 11 Motion for Default Judgment in the sum of $434,093.29 in favor of pltf. DIW and against defts. Ozark Motels Properties, Inc. and Gopal Govan ***CIVIL CASE TERMINATED. Signed by Judge Claire C. Cecchi on 2/23/2014. (nr, )

LeClairRyan
A Professional Corporation
One Riverfront Plaza
th
16
Floor
1037 Raymond Boulevard,
Newark, NJ 07102
[phone]
Attorneys for Plaintiff, Days Inns Worldwide, Inc., f/k/a Days Inns of America, Inc.
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

DAYS INNS WORLDWIDE, INC., formerly
known as DAYS INNS OF AMERICA,
INC., a Delaware Corporation,
Plaintiff,

Civil Action No. 14-cv-5048 (CCC)(JBC)
PERMANENT INJUNCTION AND
FINAL JUDGMENT BY DEFAULT

V.

OZARK MOTELS PROPERTIES, INC., a
Tennessee corporation; and GOPAL
GOVAN, an individual,
Defendants.
This matter having been opened to the Court by plaintiff, Days Inns Worldwide, Inc.,
formerly known as Days Inns of America, Inc. (“DIW”), by its attorneys, LeClairRyan, seeking
the entry of permanent injunction and final judgment by default against defendants, Ozark Motel
Properties, Inc., and Gopal “Sam” Govan (collectively, “Defendants”), pursuant to Fed, R. Civ. P.
55(b)(2); and it appearing that the Verified Complaint in this matter was filed on August 12,
2014, seeking damages as a result of the breach of a license agreement between DIW and
Defendants, and service of a copy of the Verified Complaint having been effectuated with respect

to Defendants by personal service on August 27, 2014, in Memphis, Tennessee; and Defendants
having failed to Answer or otherwise respond to the Verified Complaint; and it appearing that
default was duly noted by the Clerk of the Court against Defendants on November 20, 2014 for

their failure to plead or otherwise defend in this action; and the Court having reviewed the
papers; and good cause having been shown:
IT IS on this

L3 day of

(‘

,

2015,

ORDERED, ADJUDGED AND DECREED that DIW have judgment against
Defendants, jointly and severally, in the total amount of $434,093.29 comprised of the following:
(a)

$157,769.41 for Recurring Fees (principal plus prejudgment interest);

(b)

$106,826.00 for liquidated damages (principal plus prejudgment interest);

(c)

$164,525.46for Lanham Act damages; and

(d)

$4,972.42 for attorneys’ fees and costs; and it is further

ORDERED, ADJUDGED AND DECREED that and it appearing that default was duly
noted by the Clerk of the Court against Defendants on November 20, 2014 for their failure to
plead or otherwise defend in this action; and the Court having reviewed the papers; and good
cause having been shown; Defendants and their employees, agents, affiliates, independent
contractors, and all those who act in concert or participation with them, are hereby permanently
enjoined and restrained from marketing, promoting, or renting guest lodging services at 105
Airport Road, Ozark, Arkansas 72949, Site No. 11578-91725-02, such that the origin of
Defendants’ goods or services are falsely designated as being those of DIW, or designated in a
manner that is confusingly similar to those of 1)1W, or that causes third parties to infer that a
business relationship exists with DIW, or that causes third parties to infer that Defendants are
authorized to use the Days Inn® Marks; and it is further
ORDERED, ADJUDGED AND DECREED that the injunction described above
encompasses, but is not limited to, the use of any and all print or telecommunications,
advertisements. drafis. labels, signs, flyers, stationery, envelopes, applications, booklets,

brochures, catalogues, circulars, pamphlets, periodicals, bulletins, instructions, minutes, other
communications, purchase orders, contracts, agreements, options to purchase, deeds, memoranda
of agreements, assignments, franchises, books of account, orders, accounts, working papers,
plans, internet sites, domain names, and e-mail addresses that employ or relate in any manner to
the Days Inn® Marks, or to names and marks confusingly similar to the Days Inn® Marks,

HONORABLE CLAIRE C. CECCHI, U.S.D.J.