DIRECTV, LLC v. OLCR, INC. et al
Filing
46
OPINION/ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF DIRECTV, LLC AND AGAINST DEFENDANTS OLCR, INC., AND TRACY BOGANS IN THE SUM OF $6,081,000 FOR STATUTORY DAMAGES PURSUANT TO 47 U.S.C. 605(e)(3)(C)(i) PLUS POST JUDGMENT INTEREST AT THE LEGAL RATE IN EFFECT TO ACCRUE THEREON FROM THE DATE OF THIS JUDGMENT FORWARD UNTIL PAID, ETC. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/6/16. 9/7/16 ENTERED AND COPIES MAILED TO PRO SES' AND E-MAILED. (ky, )
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Civil Action No. 13-03358-JLS
DIRECTV, LLC,
FILE~oPOSEDJ ORDER
Plaintiff,
ON DIRECTV'S MOTION
SEP Fl>itJ!§uMMARY JUDGMENT
OLCR, INC., TRACY BOGANS, andliJCYV.CHIN,lntertmClerk
JOHN DOE(S) 1-3,
BY~ Electronically Filed
v.
• (Oi\J\
Defendants.
THIS MATTER having been opened to the Court by plaintiff DIRECTV,
LLC ("DIRECTV"), by and through its attorneys, Saiber LLC, by way of motion
for summary judgment, pursuant to Fed. R. Civ. P. 56, on notice to defendant
OLCR, Inc., defendant Tracy Bogans; and the Court having considered the papers
submitted by DIRECTV in support of the within motion, and the papers submitted
on behalf of defendants, if any, in opposition thereto, and the reply papers
submitted on DIRECTV's behalf in further support of its Motion; and for other
and good cause having been shown,
IT IS on this
£~
day of
_f:£Pifi"l~2016, hereby ORDERED
that:
!.
DIRECTV's Motion for
GRANTED; and
01075014.DOC
Judgment be and hereby ts,
2.
IT IS FURTHER ORDERED that judgment is entered in favor of
plaintiff DIRECTV and against defendant OLCR, Inc. and Tracy Bogans, jointly
and severally, as to DIRECTV's claims under 47 U.S.C. §605(a), 15 U.S.C.
§1125(a); and
3.
IT IS FURTHER ORDERED that judgment be entered in favor of
plaintiff DIRECTV against defendants OLCR, Inc. and Tracy Bogans, in the sum
of $6,081,000 for statutory damages pursuant to 47 U.S.C. §605(e)(3)(C)(i), plus
post judgment interest at the legal rate in effect to accrue thereon from the date of
this judgment forward until paid; and
4.
IT IS FURTHER ORDERED that defendants, OLCR, Inc. and Tracy
Bogans, are each permanently enjoined from committing or assisting in the
commission of any violation of the Federal Communications Act, 47 U.S.C. § 605;
and committing or assisting in committing any violation of the Lanham Act 15
U.S.C. § J 125(a), including, but not limited to:
(i) assisting any person or entity in the reception, distribution and use
ofDIRECTV's satellite transmissions of television programming;
(ii) using "DIRECTV," "Direct TV," "DirectTV," "DTV" or the
DIRECTV cyclone (collectively "the DIRECTV Marks"), or any word, term or
design that would cause a likelihood of confusion with the DIRECTV Marks;
(iii) doing anything to confuse, mislead or deceive any person or
2
entity into believing that OLCR, Inc., and Bogans, and/or their products or
services, are affiliated with, connected "'ith, endorsed by, or sponsored by
DIRECTV; and
(iv) making any statement or representation that falsely designates
DIRECTV as the origin of OLCR lnc.'s and/or Tracy Bogans' products or services
or that is otherwise false or misleading with respect to DIRECTV and/or the
DIRECTV Marks; and
5.
IT IS FURTHER ORDERED that DIRECTV may submit an
application for its reasonable attorneys' fees and costs, pursuant to 47 U.S.C.
§605(e)(3)(B)(iii), on or before ~~~~~~~3~"_,_•~-~)...c_f_b _
_
J
Y L. SCHMEHL, U.S.D.J.
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?