Renaissance Learning, Inc. v. IntraData, Inc.

Filing 33

DEFAULT JUDGMENT and Injunction entered in favor of Plaintiff Renaissance Learning, Inc. against Defendant IntraData, Inc. for damages in the amount of $20,000.00 and attorney fees and expenses in the amount of $25,437.85 and $1,478.32, respectively, with interest accruing at the legal rate until the judgment is satisfied. (JDP/PAO) (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RENAISSANCE LEARNING, INC.,
Plaintiff,
v.

JUDGMENT IN A CIVIL CASE
Case No. l 4-cv-738-jdp

INTRADATA, INC.,
Defendant.

This action came for consideration before the court with District Judge
James D. Peterson presiding. The issues have been considered and a decision has been
rendered.

The defendant, IntraData, Inc., having failed to appear, plead or otherwise defend
in this action, and default having been entered on February 26, 2015, and counsel for
plaintiff having requested judgment against defendant and having filed a proper motion
and declaration in accordance with Fed. R. Civ. P. 55(a) and (b);
IT IS ORDERED AND ADJUDGED that judgment is entered in favor of plaintiff
Renaissance Learning, Inc. against defendant IntraData, Inc. for damages in the amount
of $20,000.00 pursuant to 15 U.S.C. § l l l 7(a) and attorney fees and expenses in the
amount of $25,437.85 and $1,478.32, respectively, pursuant to 15 U.S.C. § l l l 7(a)(3),
with interest accruing at the legal rate until the judgment is satisfied.
IT IS FURTHER ORDERED AND ADJUDGED that defendant and its officers,
agents, servants, employees and attorneys, and all persons in active concert and
participation with defendant, are hereby enjoined:
a. from using the ACCELERATED READER, ACCELERATED WRITER,
ACCELERATED MATH, ACCELERATED VOCABULARY, AR and ATOS
trademarks, or confusingly similar variants of those marks, to identify or
promote defendant's products or services; and
b. from making any unfair, untrue or misleading statements about defendant's
own products and services, or the products and services of plaintiff, that:
i.

are likely to cause confusion or mistake, or to deceive as to the
affiliation, connection or association of defendant with plaintiff, or as to
the origin, sponsorship or approval of defendant's goods, services or
commercial activities by plaintiff; or

ii.

in commercial advertising or promotion, misrepresent the nature,
characteristics, qualities or geographic origin of defendant's or plaintiffs
goods, services or commercial activities; and

c. Defendant is further ordered to:
i.

modify all public communication, such as signage, advertising, social
media and promotional material, to eliminate any infringing use of any
of plaintiff's trademarks; and

ii.

remove from any public communication any and all unfair, untrue or
misleading statements about defendant's own products or services and
the products and services of plaintiff.

Approved as to form this

/~

day of May, 2015.

o~
Peter Oppeneer '
Clerk of Court

Date