MNEMANIA, INC. v. FORREST

Filing 19

ORDERED THAT PLAINTIFFS MOTION FOR DEFAULT JUDGMENT (ECF NO. 12) IS GRANTED.IT IS FURTHER ORDERED THAT FINAL JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFFMNEMANIA, INC. AND AGAINST DEFENDANT MICHAEL EDWARD FORREST, D/B/A FORREST WALKER FUNERALHOME, FORRE ST FUNERAL SERVICES, AND ROBERT WALKER FUNERAL HOME IN THE TOTAL AMOUNT OF $1 INNOMINAL DAMAGES AND ATTORNEYS FEES AND COSTS OF $18,943.81.IT IS FURTHER ORDERED THAT DEFENDANT, ITS AGENTS, SERVANTS, EMPLOYEES, AND ALLPERSONS ACTING UNDER ITS PERMISSION BE PERMANENTLY ENJOINED FROM: USING CREMSTAR AND ANY OTHER MARKS OR NAMES CONSISTING OF OR INCLUDINGCREMSTAR, ETC.. SIGNED BY HONORABLE CHAD F. KENNEY ON 6/3/2021. 6/4/2021 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MNEMANIA, INC.,

:
CIVIL ACTION
:
:
v.
:
:
MICHAEL EDWARD FORREST, d/b/a
:
FORREST WALKER FUNERAL HOME, :
FORREST FUNERAL SERVICES, and
:
ROBERT WALKER FUNERAL HOME, :
Defendant.
:
No. 20-5209
ORDER
AND NOW, this 3rd day of June 2021, upon consideration of Plaintiff Mnemania, Inc.’s
Plaintiff,

Motion for Default Judgment (ECF No. 12) and Defendant Michael Edward Forrest d/b/a Forrest
Walker Funeral Home, Forrest Funeral Services, Robert Walker Funeral Home’s lack of
opposition thereto, and for the reasons explained in the accompanying Memorandum, it is hereby
ORDERED that Plaintiff’s Motion for Default Judgment (ECF No. 12) is GRANTED.
It is FURTHER ORDERED that FINAL JUDGMENT is entered in favor of Plaintiff
Mnemania, Inc. and against Defendant Michael Edward Forrest, d/b/a Forrest Walker Funeral
Home, Forrest Funeral Services, and Robert Walker Funeral Home in the total amount of $1 in
nominal damages and attorneys’ fees and costs of $18,943.81.
It is FURTHER ORDERED that Defendant, its agents, servants, employees, and all
persons acting under its permission be permanently enjoined from:
A.

Using CREMSTAR and any other marks or names consisting of or including

CREMSTAR, whether in word or design form, trade name, company name, letterhead, domain
name, or designation that is confusingly similar to CREMSTAR, and further that is not at least a
safe distance away from CREMSTAR, or is otherwise confusingly similar to Mnemania’s

CREMSTAR trademark, and from any attempt to retain any part of the goodwill misappropriated
from Mnemania;
B.

Using the name or mark CREMSTAR as a company name, trade name, on any

license to operate, or on any form of advertising, or promotion of the business, including but not
limited to Defendant’s websites, Facebook or any other such social media platform, on signage,
either inside the business or outside the business, on business cards, receipts, credit card machines,
or any other way customary in the industry;
C.

Maintaining a fictitious entity registration with the Commonwealth of Pennsylvania

for “CREMSTAR OF GREATER PHILADELPHIA” or any other entity name that consists of or
contains the mark CREMSTAR;
D.

Committing any acts calculated to cause the public or others to believe that

Defendant’s advertised or offered services originate from, are associated or affiliated with, or are
otherwise sponsored, approved, authorized, or endorsed by Mnemania; and
E.

Otherwise infringing Mnemania’s trademarks or tradenames.

IT IS FURTHER ORDERED THAT MNEMANIA IS HEREBY AUTHORIZED to:
1)

Present a true and correct copy of this Order to the Commonwealth of Pennsylvania,

Secretary of State for the purpose of having the name “CREMSTAR OF GREATER
PHILADELPHIA” removed from Plaintiff’s business entity; and,
2)

Present a true and correct copy of this Order to the Pennsylvania Funeral Board for

the purpose of having the name “CREMSTAR OF GREATER PHILADELPHIA” removed from
Plaintiff’s business entity; and,
3)

Present a true and correct copy of this Order to Tucows, Inc. for the purpose of

having the name and trademark “CREMSTAR OF GREATER PHILADELPHIA” removed from

Defendant’s website, and/or to request permanent takedown of any website or webpage that uses
the name “CREMSTAR” in any form.
DEFENDANT shall prepare, file with this Court, and serve upon Mnemania’s counsel
within 30 days after service of this Order upon Defendant, a written report, signed under oath, in
compliance with 15 U.S.C. § 1116, setting forth in detail the manner and form in which Defendant
has complied with this Order.
BY THE COURT
/s/ Chad F. Kenney
________________________
CHAD F. KENNEY, JUDGE