MASONPRO, INC. v. MASON PRO ONE, LLC
Filing
10
ORDER granting 8 Motion for Default Judgment; that defendant shall have fourteen (14) days from entry of this Order to transfer the domain www.masonproone.com (the Domain) to Plaintiff; etc. Signed by Judge Kevin McNulty on 1/7/2022. (sm)
Case 2:21-cv-01941-KM-ESK Document 10 Filed 01/07/22 Page 1 of 2 PageID: 219
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
MASONPRO, INC.,
a Michigan corporation,
Plaintiff,
v.
MASON PRO ONE, LLC,
a New Jersey limited liability
company,
Civ. No. 21-01941 (KM) (ESK)
ORDER
Defendant.
THIS MATTER having come before the Court on the motion for default
judgment of plaintiff (DE 8) pursuant to Fed. R. Civ. P. 55(b)(2); and the Court
having considered the plaintiff’s submissions (DE 1, 8); for the reasons stated
in the accompanying Opinion, and for good cause shown;
IT IS this 7th day of January 2022,
ORDERED that motion for default judgment (DE 8) is GRANTED; and it
is further
ORDERED that Defendants and its subsidiaries, affiliates, officers,
including but not limited to, agents, distributors, retailers, servants,
employees, attorneys, and those in active concert or participation with them
are hereby PERMANENTLY RESTRAINED AND ENJOINED from (1)
manufacturing, distributing, shipping, advertising, marketing, promoting,
transferring, selling, or offering to sell any products or services using the
MASONPRO Trademarks or any trademarks that are confusingly similar
thereto; and (2) from using the MASONPRO Trademarks or any trademarks
that are confusingly similar thereto on any website; and it is further
Case 2:21-cv-01941-KM-ESK Document 10 Filed 01/07/22 Page 2 of 2 PageID: 220
ORDERED that defendant shall have fourteen (14) days from entry of
this Order to transfer the domain www.masonproone.com (“the Domain”) to
Plaintiff. Defendant shall not otherwise transfer the Domain to anyone else. If
Defendant fails to transfer the Domain to Plaintiff as set forth herein, the
registrar of the Domain, namely GoDaddy, shall transfer the Domain to
Plaintiff; and it is further
ORDERED that Defendant, its subsidiaries, affiliates, officers, including
but not limited to, agents, distributors, retailers, servants, employees,
attorneys, and those in active concert or participation with them, who receive
actual notice of this order by personal service or otherwise, are ordered to
within thirty (30) days after entry of this Permanent Injunction to file with this
Court, and serve upon Plaintiff’s counsel within forty-five (45) days, a written
report under oath, setting forth in detail the manner and form in which they
have complied with this injunction; and it is further
ORDERED that that counsel for MasonPro, Inc. shall send a copy of this
Order and Injunction, and the Judgment to be entered pursuant thereto, to be
served upon defendant by the means previously authorized by Magistrate
Judge Kiel for service of process within five (5) days; and it is further
ORDERED that, upon entry of Judgment, the clerk shall close this case
without prejudice to reopening for any further lawful proceedings.
/s/ Kevin McNulty
____________________________________
Kevin McNulty
United States District Judge
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