POWER HOME REMODELING GROUP, LLC v. POWER DREAM HOUSE REMODELING LLC

Filing 10

ORDER granting 7 Motion for Default Judgment, and Injunctive Releif ***CIVIL CASE TERMINATED. Signed by Judge Esther Salas on 4/14/16. (sr, )

IN TIlE UNITED STATES DISTRICT COURT
FOR TUE DISTRICT OF NEW JERSEY
POWER HOME REMODELING GROUP,
LLC

C LOS ED

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Plaintiff,
v.
POWER DREAM HOUSE REMODELING
LLC

Defendant.

AND NOW this

Civil Action No. 2:15-CV-07730-ES-MAH

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ORDER GRANTING PLAINTIFF
POWER HOME REMODELING
GROUP, LLC’S MOTION FOR ENTRY
OF DEFAULT JUDGMENT PURSUANT
TO FRCP 55(b)(2) AND INJUNCTIVE
RELIEF

day of

the Motion of Plaintiff Home Remodeling Gro

,

,

2016, upon consideration of

LC for the Entry of Default Judgment and

Injunctive Relief, any opposition thereto, and for good cause shown, it is hereby Ordered that
Plaintiffs Motion is Granted.
It is further Ordered that Defendant, its agents, servants, employees, representatives,
attorneys, successors, and assigns, and all other persons, firms or corporations acting in concert,
privity or participation with them are permanently restrained and enjoined from:
(a)

Using Plaintiffs name or trademarks or any name or trademark confusingly
similar thereto, including but not limited to e.g., any name or mark incorporating
the formative “POWER,” in connection with goods and services not originating
with Plaintiff,

(b)

Advertising, marketing, promoting, offering or rendering any goods or services or
related goods or services using Plaintiffs name or trademarks or any confusingly
similar variations thereof, including but not limited to e.g., any name or mark
incorporating the formative “POWER;”

(c)

Using, in connection with the advertising, marketing, promotion, offering or
rendering of any goods or services, any false designation, description or
representation stating or implying that Plaintiff is the origin of, or connected with,
any of the goods or services offered by Defendant;

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(d)

Passing off or inducing or enabling others to offer or render any pass-off goods or
services, not originating from or sponsored by Plaintiff, as the goods and services
of Plaintiff, and

(e)

Otherwise infringing upon Plaintiffs name and trademarks or competing unfairly
with Plaintiff or injuring Plaintiffs business reputation;

It is further Ordered that Defendant is to deliver up for destruction all infringing materials
bearing Plaintiffs name or trademarks or any name or mark confusingly similar thereto,
including but not limited to, print and electronic promotional literature, advertisements,
marketing materials, brochures, signage, business cards, letterhead, and like materials, as set
forth in Section 36 of the Lanham Act, 15 U.S.C.

§ 1118; or in N.J.S.A. 56:3-13.16.

It is further Ordered that Defendant, its agents, servants, employees, attorneys, and
related companies and all persons acting for, with, by, through, or under it, with notice of the
Court’s Order, to be effectuated by Defendant by personal service, electronic mail, or otherwise,
from:
(a)

Using in any manner Plaintiffs name or trademarks and any other term or terms
as trademarks and in a manner likely to cause confusion therewith, as Defendant’s
name, trademark, domain name, directory, or other such computer address, as the
name if its website, or in connection with the advertising, promotion, marketing,
offering, or rendering of its goods and services; and

(b)

Disseminating, using, or distributing any website pages, advertising, or any other
promotional materials bearing names or trademarks that resemble Plaintiffs name
or trademarks so as to create a likelihood of confusion, mistake or deception;

It is further Ordered that Defendant be ordered to notify in writing and direct all
publishers of directories or lists, including Internet search engines, in which Defendant’s use of
“POWER” appears, including sponsored links or banner ads, to cancel all accounts,
advertisements and references using Plaintiffs name or trademark or any name or mark
confusingly similar thereto.

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It is further Ordered that Defendant file with the Court and serve upon Plaintiffs counsel
within thirty (30) days after entry of Judgment a report, in writing and under oath, setting forth in
detail the manner and form in which the Defendant has complied with the requirements of the
Injunction and Order.
And, it is further Ordered that Defendant be required to post any Order of the Court on
any website owned or operated by Defendant and give notice thereof to all its correspondents
and customers.

(ISPJ.

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