-FMO Monster Cable Products, Inc. v. Corecomm Solutions, Inc. et al, No. 2:2010cv10028 - Document 24 (C.D. Cal. 2011)

Court Description: JUDGMENT by Judge Gary A. Feess. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: Plaintiff, MONSTER CABLE PRODUCTS, INC. ("Plaintiff"), is hereby awarded final judgment on its claims for relief against Defendant, CHARLES W. LAFFERTY ("Defendant"), in the sum of $2,000,000.00. (bp)

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-FMO Monster Cable Products, Inc. v. Corecomm Solutions, Inc. et al Doc. 24 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 MONSTER CABLE PRODUCTS, INC., a California Corporation, Case No.: CV10-10028 GAF (FMOx) JUDGMENT 14 Plaintiff, 15 16 17 18 19 20 21 vs. CORECOMM SOLUTIONS, INC., a Delaware Corporation; CHARLES W. LAFFERTY, an Individual; and Does 110, Inclusive, Defendants. _________________________________ 22 23 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 24 Plaintiff, MONSTER CABLE PRODUCTS, INC. (“Plaintiff”), is hereby 25 awarded final judgment on its claims for relief against Defendant, CHARLES W. 26 LAFFERTY (“Defendant”), in the sum of $2,000,000.00 (15 U.S.C. §1117 (c)(2)), 27 as the prevailing party in this action, pursuant to Rule 55(b) of the Federal Rules of 28 Civil Procedure and under Local Rule 55-1. Under Local Rule 55-3, Plaintiff is -1JUDGMENT Dockets.Justia.com 1 awarded attorneys’ fees of $5,600.00. Pursuant to 15 U.S.C. §1117(a), Plaintiff is 2 entitled to judgment against said Defendant for recovery of total costs Plaintiff has 3 incurred in this action due to Defendant’s violation of 15 U.S.C. §1125(a), and 4 willful violation of 15 U.S.C. §1125(c) in the amount of $672.39. Furthermore, 5 Defendant is permanently enjoined and restrained from the following activities and 6 conduct and ordered as follows: 7 a) Defendant and any person or entity acting in concert with, or at the 8 direction of him, including any and all agents, servants, employees, partners, 9 assignees, distributors, suppliers, resellers and any others over which he may 10 exercise control, are hereby restrained and enjoined, from engaging in, directly or 11 indirectly, or authorizing or assisting any third party to engage in, any of the 12 following activities in the United States and throughout the world: i) 13 copying, manufacturing, importing, exporting, marketing, sale, 14 offering for sale, distributing or dealing in any product or service that uses, or 15 otherwise making any use of, any of Plaintiff’s MONSTER® trademarks, and/or 16 any intellectual property that is confusingly or substantially similar to, or that 17 constitutes a colorable imitation of, any of Plaintiff’s MONSTER® trademarks, 18 whether such use is as, on, in or in connection with any trademark, service mark, 19 trade name, logo, design, Internet use, website, domain name, metatags, 20 advertising, promotions, solicitations, commercial exploitation, television, web- 21 based or any other program, or any product or service, or otherwise; 22 ii) performing or allowing others employed by or representing him, 23 or under his control, to perform any act or thing which is likely to injure Plaintiff, 24 any of Plaintiff’s MONSTER® trademarks, and/or Plaintiff’s business reputation 25 or goodwill; 26 iii) engaging in any acts of federal and/or state trademark 27 infringement, false designation of origin, unfair competition, dilution, or other act 28 which would tend damage or injure Plaintiff; and/or -2JUDGMENT iv) 1 2 3 using any Internet domain name or website that includes any of Plaintiff’s MONSTER® trademarks. b) Defendant is ordered to deliver immediately for destruction all 4 unauthorized products, including counterfeit MONSTER® products and related 5 products, labels, signs, prints, packages, wrappers, receptacles and advertisements 6 relating thereto in his possession or under his control bearing any of Plaintiff’s 7 intellectual property or any simulation, reproduction, counterfeit, copy or colorable 8 imitations thereof, and all plates, molds, heat transfers, screens, matrices and other 9 means of making the same, to the extent that any of these items are in Defendant’s 10 11 12 possession. IT IS SO ORDERED, ADJUDICATED and DECREED this 19th day of July, 2011. 13 14 15 16 _______________________________ HON. GARY A. FEESS United States District Court Judge for the Central District of California 17 18 19 20 21 22 23 24 25 26 27 28 -3JUDGMENT

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