The Ohio State University v. Ohio State Auto Sales, LLC
Filing
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ORDER granting 14 Plaintiff's Motion for Default Judgment; Non-oral hearing regarding costs and attorneys' fees is scheduled for 11/1/13. Signed by Judge Gregory L Frost on 9/13/13. (sem1)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
THE OHIO STATE UNIVERSITY,
Plaintiff,
Case No. 2:13-cv-400
JUDGE GREGORY L. FROST
Magistrate Judge Mark R. Abel
v.
EDWIN R. JAMES SR.
d/b/a OHIO STATE AUTO SALES,
Defendant.
ORDER
This matter is before the Court for consideration of Plaintiff’s motion for default
judgment. (ECF No. 14.) Previously, the Clerk filed an entry of default against Defendant on
August 7, 2013. (ECF No. 13.) The Court GRANTS the motion and enters the requested
default judgment against Defendant for the costs of this action. Because the conceded facts set
forth in the pleading indicate that this is an exceptional case under 15 U.S.C. § 1117(a), this
Court also awards Plaintiffs its reasonable attorneys’ fees in an amount to be determined.
The Court enters a permanent injunction against Defendant and its agents, servants,
employees, successors, representatives, and assigns, and all others in concert and privity with
Defendant from infringing, or falsely designating the origin of the Ohio State Trademarks, from
commercially using the Ohio State Trademarks in commerce in any way, and from injuring Ohio
State’s reputation. Additionally, Defendant and its agents, servants, employees, successors, and
assigns, and all others in active concert and participation with Defendant are permanently
restrained from using, registering, selling, transferring, or assigning any name that contains the
Ohio State Trademarks. This permanent injunction also enjoins Defendant from using any of
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Ohio State’s Ohio State Trademarks, names, or marks or from otherwise engaging in acts or
conduct that would cause confusion as to the source, sponsorship, or affiliation of Ohio State
with Defendant.
The costs and attorneys’ fees matters are scheduled for a non-oral hearing on November
1, 2013.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE
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