Coldwell Banker Real Estate, LLC v. Larson, Derek

Filing 27

ORDER adopting 23 STIPULATION of Dismissal. Signed by District Judge Barbara B. Crabb on 5/22/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

COLDWELL BANKER REAL ESTATE, LLC,
Plaintiff,
VS.

DEREK M. LARSON,
Defendant.

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Civil Action No. l 4-cv-206

STIPULATION AND ORDER CONSENTING TO ENTRY OF
JUDGMENT

Plaintiff Coldwell Banker Real Estate, LLC ("Plaintiff") has filed a Complaint alleging
that Derek M. Larson ("Defendant") has been infringing and diluting Plaintiffs trademarks and
breaching the parties' contract since the parties' franchise relationship ended. Defendant has not
denied Plaintiff's allegations, and on May 19, 2014, the Court entered an Order preliminarily
enjoining Defendant from using Plaintiff's trademarks during the pendency of the litigation. (dkt.
#19.) The parties have now settled the disputes between them in relation to the above-captioned
litigation and stipulate to the entry of an order with the following terms:
Defendant Derek M. Larson is permanently enjoined from using in any manner the
trademarks registered at 4,400,923; 4, 175,759; 4,175,758; 3,254,878; 3,179,803; 3,179,802;
3,100,659; 2,745,034; 2,453,334; and 2,058,501 ("the Coldwell Banker Marks") in connection
with defendant's real estate brokerage business and services on signage, advertising, websites,
metatags, and real estate listings, including (without limitation) on defendant's website,
www.cblarsonrealty.com, at defendant's office located at 1114 4th Avenue S (Hwy 13), Park

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Falls, WI 54552, and on third-party websites where defendant has profiles and listings related to
his real estate business and services, such as:
1. http://www.homefinder.com/broker/Co!dwell-Banker-Larson-Realty---Pf-4 30803 2d/
2. http://www.trulia.com/profile/derek-larson-agent-park-falls-wi-1453617I
3. http://www.realtor.com/realestateagents/Derek-Larson ParkFalls WI 879174 43735990
4. http://www.countrvhomesofinichigan.com/member/38597
5. http://www.realestatebook.com/agents/usa/wi/phi II ipsidereklarson-id7 52205 1
6. http://www.homes.com/real-estate-agents/derek-larson/id-5180945/
7. http://www.lakehousesofwisconsin.com/member/51880/about
(collectively "Third Party Sites.")
Defendant is also permanently enjoined from using in any manner the Coldwell Banker
Marks in connection with defendant's business or services in such a manner as to make it likely
to create the erroneous belief that his business or services are authorized by, sponsored by,
licensed by or in some way associated with Coldwell Banker.
STIPULATED TO AND APPROVED AS TO FORM AND SUBSTANCE BY:

Isl Melinda S. Giftos
Melinda S. Giftos
State Bar No. 1056609

Isl Derek M Larson
Derek. M. Larson
P.O. Box 108
Park Falls, WI 54552-0108
[e-mail]

WHYTE HIRSCHBOECK DUDEK,

P.O. Box 1379
Madison, WI 53701
T: [phone]
F: [phone]
[e-mail]
Attorney for Plaintiff

Entered this_ day of May, 2015.

WHD/11420557.1

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S.C.

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ORDER
BASED UPON THE ABOVE STIPULATION by and between the parties herein, it
appearing that grounds for such order exists,
IT IS HEREBY ORDERED
The foregoing stipulation is hereby adopted as the order of this Court.

BY THE COURT:

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BARBARA B. CRABB
United States District Court Judge
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WHD!l 1420557.l

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