The Prudential Insurance Company of America et al v. Security Pacific Mortgage Corporation et al, No. 8:2010cv01068 - Document 13 (C.D. Cal. 2010)
Court Description: FINAL JUDGMENT FOR PERMANENT INJUNCTION filed by Judge David O. Carter against defendants Michael P Dolan, Security Pacific Mortgage Corporation. See Order for further details. Each party shall bear his or its own respective attorneys' fees and costs. (MD JS-6. Case Terminated) (twdb)
Download PDF
<![CDATA[
The Prudential Insurance Company of America et al v. Security Pacific Mortgage Corporation et al 1 2 3 4 5 6 7 8 William S. O'Hare (#082562) wohare@swlaw.com Elizabeth M. Weldon (#223452) eweldon@swlaw.com SNELL & WILMER L.L.P. 600 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626-7689 Telephone: (714) 427-7000 Facsimile: (714) 427-7799 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 (714) 427-7000 Snell & Wilmer L.L.P. 12 13 14 15 16 17 18 19 JS-6 Attorneys for Plaintiffs The Prudential Insurance Company of America and Prudential Real Estate Affiliates, Inc. 9 11 Doc. 13 THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation; PRUDENTIAL REAL ESTATE AFFILIATES, INC., a Delaware corporation, CASE NO. SACV10-01068 DOC (MLGx) Hon. David O. Carter, Ctrm. 9D Final Judgment for Permanent Injunction Plaintiffs, vs. SECURITY PACIFIC MORTGAGE CORPORATION, a California corporation, dba Prudential Properties of Big Bear; MICHAEL P. DOLAN, an individual; and DOES 1-20, inclusive, 20 Complaint Filed: July 14, 2010 Defendants. 21 22 In the above entitled action, Plaintiffs The Prudential Insurance Company of 23 America (“Prudential”) and Prudential Real Estate Affiliates, Inc. (“PREA”) 24 (Prudential and PREA, together, “Plaintiffs”) and Defendants Security Pacific 25 Mortgage Corporation, a California corporation, formerly doing business as 26 Prudential Properties of Big Bear (“Security Pacific”), and Michael P. Dolan 27 (“Dolan”) (Security Pacific and Dolan, together, “Defendants”) having stipulated in 28 the Stipulation re Final Judgment for Permanent Injunction to entry of a judgment 11935234.1 Final Judgment for Permanent Injunction Case No. SACV10-01068 DOC (MLGx) Dockets.Justia.com 1 for permanent injunction and to execute such other documents and perform such 2 other actions as are necessary to cause the court to enter judgment in accordance 3 with the Stipulation re Final Judgment for Permanent Injunction, and good cause 4 appearing, 5 6 7 IT IS HEREBY ADJUDGED, ORDERED, AND DECREED that the following final judgment is entered: 1. Defendants, as well as their employees, agents, or others acting on 8 their behalf, or at their direction, shall not directly or indirectly use and shall 9 immediately cease using “Prudential Properties of Big Bear,” or any other LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 (714) 427-7000 designation, in whole or in part, that is confusingly similar to the term 11 Snell & Wilmer L.L.P. 10 PRUDENTIAL, THE ROCK, ROCK SOLID, PRU, PRUDENTIAL FINANCIAL 12 or any phonetic equivalent thereof or the Rock Logo set forth on Exhibit A; 13 2. Defendants, as well as their employees, agents, or others acting on 14 their behalf, or at their direction, shall not hold themselves or their business out to 15 the public or others as being sponsored by, approved by, affiliated with, authorized 16 by, or connected with Plaintiffs nor refer to themselves by reference to any name 17 that includes the word “Prudential” or, except as required by law, describe 18 themselves as formerly known by any such name or formerly affiliated with 19 Plaintiffs; 20 3. Defendants, as well as their employees, agents, or others acting on 21 their behalf, or at their direction, shall assign any domain names using Plaintiffs’ 22 name or marks (“the domain names”) to Prudential, not use or conduct their 23 business under any domain name that includes the word “Prudential,” and cancel all 24 advertisements or other references to Defendants’ business, in which the domain 25 names or similar designations have appeared or are scheduled to appear; 26 4. Defendants, as well as their employees, agents, or others acting on 27 their behalf, or at their direction, have used their best efforts to direct all service 28 providers, advertisers, and publishers of directories or lists in which any business or 11935234.1 -2- Final Judgment for Permanent Injunction Case No. SACV10-01068 DOC (MLGx) 1 domain name used by Defendants that includes a designation, in whole or in part, 2 that is confusingly similar to the term PRUDENTIAL, THE ROCK, ROCK 3 SOLID, PRU, PRUDENTIAL FINANCIAL or any phonetic equivalent thereof, to 4 delete all references to such names from their public databases, internet web sites, 5 internet listings, search engine directories, telephone or professional directories, 6 directory assistance, and from all current and future directories in which such 7 names appear, or are to appear, and to delete all forwarding or “cache memory” or 8 storage mechanisms referencing such names, and shall perform such additional 9 acts, if any, that are necessary to ensure that the above acts have been carried out; 10 5. Defendants, as well as their employees, agents, or others acting on LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 (714) 427-7000 Snell & Wilmer L.L.P. 11 their behalf, or at their direction, have canceled all advertisements or other 12 references to Defendants’ business, in which any designation, in whole or in part, 13 that is confusingly similar to the term PRUDENTIAL, THE ROCK, ROCK 14 SOLID, PRU, PRUDENTIAL FINANCIAL or any phonetic equivalent thereof or 15 the Rock Logo set forth on Exhibit A, have appeared or are scheduled to appear, 16 and shall perform such additional acts, if any, that are necessary to ensure that the 17 above acts have been carried out; 18 6. Defendants, as well as their employees, agents, or others acting on 19 their behalf, or at their direction, have canceled all registrations, licenses, fictitious 20 business name statements, trademark registration, and filings with the State of 21 California, the Secretary of State of California, all municipal entities, and with any 22 other jurisdiction which have been issued to, for, or which includes the name of 23 “Prudential Properties of Big Bear,” and shall perform such additional acts, if any, 24 that are necessary to ensure that all such cancellations are effective; 25 7. Defendants, as well as their employees, agents, or others acting on 26 their behalf, or at their direction, shall not use any signage, including but not 27 limited to storefront signage and billboards, bearing the name “Prudential,” or any 28 other designation, in whole or in part, that is confusingly similar to the term 11935234.1 -3- Final Judgment for Permanent Injunction Case No. SACV10-01068 DOC (MLGx) 1 PRUDENTIAL, THE ROCK, ROCK SOLID, PRU, PRUDENTIAL FINANCIAL 2 or any phonetic equivalent thereof or the Rock Logo set forth on Exhibit A; 3 8. Defendants, as well as their employees, agents, or others acting on 4 their behalf, or at their direction, have delivered to Plaintiffs’ counsel in this matter 5 all existing printed material in their possession, including, but not limited to, 6 business cards, stationery, envelopes, labels, signs, prints, packages, 7 advertisements, forms, contracts, promotional items and any other materials in their 8 possession, custody or control that referred to the name, mark, or internet address 9 “Prudential,” otherwise identify the services of Defendants under the name LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 (714) 427-7000 “Prudential,” and any and all proofs, plates, and any other means for making such 11 Snell & Wilmer L.L.P. 10 materials, and to the extend defendants discover any such materials in the future, 12 they shall deliver them to Plaintiffs; 13 9. Defendants, as well as their employees, agents, or others acting on 14 their behalf, or at their direction, shall not place any further orders for any printed 15 materials, advertisements, telephone listings, or other materials using the names 16 “Prudential,” or any other designation, in whole or in part, that is confusingly 17 similar to the term PRUDENTIAL, THE ROCK, ROCK SOLID, PRU, 18 PRUDENTIAL FINANCIAL or any phonetic equivalent thereof or the Rock Logo 19 set forth on Exhibit A; 20 21 22 23 10. Each party shall bear his or its own respective attorneys’ fees and costs. Dated: October 28, 2010 24 ____________________________ Honorable David O. Carter United States District Judge 25 26 27 28 11935234.1 -4- Final Judgment for Permanent Injunction Case No. SACV10-01068 DOC (MLGx) 1 2 Submitted By: Dated: September __, 2010 3 SNELL & WILMER L.L.P. By: William S. O’Hare Elizabeth M. Weldon Attorneys for Plaintiffs The Prudential Insurance Company of America and Prudential Real Estate Affiliates, Inc. 4 5 6 7 8 9 10 Approved By: Dated: September __, 2010 LAW OFFICES OF ANNE ZIMMERMAN, P.C. LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 (714) 427-7000 Snell & Wilmer L.L.P. 11 By: 12 Anne Zimmerman Attorneys for Defendant Security Pacific Mortgage Corporation, a California corporation, formerly doing business as Prudential Properties of Big Bear 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11935234.1 -5- Final Judgment for Permanent Injunction Case No. SACV10-01068 DOC (MLGx) 1 EXHIBIT A 2 3 4 5 6 7 8 9 10 LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 (714) 427-7000 Snell & Wilmer L.L.P. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11935234.1 -6- Final Judgment for Permanent Injunction Case No. SACV10-01068 DOC (MLGx)
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
