The Biltmore Company v. NU U, Inc. et al

Filing 124

JUDGMENT in favor of The Biltmore Company against Nu U, Inc. Signed by District Judge Martin Reidinger on 5/25/2017. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:15-cv-00288-MR

THE BILTMORE COMPANY,
a Delaware corporation
Plaintiff,

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vs.
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NU U, INC.,
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Defendant.
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JUDGMENT

THIS MATTER came to for trial and was heard by the undersigned
judge, and a jury was duly empaneled and has answered the issues
presented as follows:
1.

Does Defendant Nu U, Inc.’s use of “Biltmore Bride Prom & Tux”
infringe the Plaintiff The Biltmore Company’s trademark rights?
ANSWER: YES

2.

Was Nu U, Inc.’s infringement intentional, willful or in bad faith?
ANSWER: YES

3.

Has Defendant Nu U, Inc., engaged in cybersquatting with respect to
Plaintiff The Biltmore Company’s “Biltmore” mark?

ANSWER: YES
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that
the Defendant and its officers, agents, servants, employees, affiliates,
successors, and assigns, and any and all persons acting in concert or
participation with them who receive actual notice of this Order (collectively
“Defendant”) are hereby enjoined and restrained from making any use of the
marks BILTMORE, BILTMORE BRIDE, BILTMORE BRIDE PROM & TUX,
and of any other marks confusingly similar thereto.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the
Defendant shall transfer ownership of the following URLs to Plaintiff:
biltmorebridal.com
biltmorebride.com
mybiltmorebride.com
thebiltmorebride.com
biltmorebride.club
biltmoreprom.com
biltmorebridepromtux.com
biltmorevillagebridal.com
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biltmorevillagebride.com
bridesofbiltmore.com
biltmorebride.wedding
biltmore.wedding
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all
counterclaims asserted by the Defendant are DISMISSED WITH
PREJUDICE, and the Defendant shall recover nothing from the Plaintiff in
the form of damages.
The Court retains jurisdiction of this matter for the purpose of
addressing any post-judgment motions that may be filed by the parties.
IT IS SO ORDERED.
Signed: May 25, 2017

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