JWP Lenders Corporation v. RPM Lenders Inc et al, No. 2:2007cv02567 - Document 29 (C.D. Cal. 2008)

Court Description: FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION by Judge John F. Walter, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judgment be entered as follows against Defendants, and as to each of them as follows: This Court has subject matter jurisdiction. The term Defendants as used in this Judgment shall be deemed to includeRPM LENDERS INC. The Court retains jurisdiction to enforce or amend as necessary this judgment in accordance with settlement agreement executed by the parties, including jurisdiction to award attorneys fees and costs as well as damages. 27 , 28 (MD JS-6, Case Terminated). (pj)

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JWP Lenders Corporation v. RPM Lenders Inc et al 1 2 3 4 5 Gary A. Hecker, Esq. (Cal. Bar No. 099008) James M. Slominski, Esq. (Cal. Bar No. 166457) THE HECKER LAW GROUP 1925 Century Park East, Suite 2300 Los Angeles, California 90067 Telephone: (310) 286-0377 Facsimile: (310) 286-0488 Email: ghecker@hh.com; jslominski@hh.com Doc. 29 JS-6/discharge OSC 6 7 Attorneys for Plaintiff: JWP LENDERS CORPORATION 8 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 JWP LENDERS CORPORATION, a ) Civil Action No. CV-07-2567 JFW (AJWx) California corporation, dba RPM ) LENDERS, ) ) Plaintiff, ) FINAL JUDGMENT, INCLUDING ) PERMANENT INJUNCTION v. ) ) RPM LENDERS, INC., a Florida ) corporation; and DOES 1-10 ) inclusive, ) ) Defendants. ) ) ) ) 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judgment be entered as follows against Defendants, and as to each of them as follows: 1. This Court has subject matter jurisdiction pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338(a) and (b). 2. This Court has personal jurisdiction over the parties. 3. The term Defendants as used in this Judgment shall be deemed to include RPM LENDERS INC. and: (1) all present and future affiliated, parent, and/or -1Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 subsidiary companies; (2) all present and future individuals who own a controlling interest in any of the Defendants or in any affiliated, parent, and/or subsidiary company; (3) all present and future entities in which any of the Defendants have controlling interest; (4) all present and future employees of Defendants; and (5) all of their successors in interest, including any acquirer of substantially all of the assets of any Defendant. 4. Plaintiff is the owner of Federal Trademark Registration No. 2,030,736 for the mark RPM LENDERS for financial services (the “Registration”). 5. Plaintiff is the owner of the Marks RPM LENDERS and RPM (collectively the “RPM Marks”) used in connection with, among other things, financial services. 6. Plaintiff filed a Combined Declaration of Use and Incontestability on January 16, 2003 which was accepted by the United States Patent and Trademark Office on April 8, 2003. 7. Under 15 U.S.C. §1115(b) a trademark registration which has become incontestable is conclusive evidence of the validity of the registered Mark and its registration, of the registrant’s ownership of the Mark, and of the owner’s exclusive right to use the registered Mark in commerce. 8. Plaintiff filed a renewal of the Registration on January 12, 2007, which was accepted by the United States Patent and Trademark Office on March 28, 2007. 9. Plaintiff has used the RPM Marks for financial services in a continuous fashion. 10. Plaintiff has been, and presently is, using the domain name rpmlenders.com as the internet address for RPM Lenders website. 11. Defendants have used the RPM Marks without Plaintiff’s permission in a manner likely to cause confusion, mistake, or deception thereby violating Plaintiff’s rights under 15 USC Section 1114(a) et. seq. and 15 USC 1125(a). 12. Defendants, and each of them, and including their agents, servants, -2- 1 2 3 4 5 6 7 officers, directors, employees, attorneys, and all other persons in active participation therewith, are permanently enjoined and restrained from: a. for any and all purposes including, but not limited to, use in advertising, use on the internet, use on any website, use in any domain names, and use in metatags, keywords, links, embedded links, referrals, or pointers; and b. 8 9 10 11 14 15 16 17 create, or cause a relationship or association with the term “RPM” or the RPM Marks and/or anything confusingly similar thereto. c. 20 21 22 23 24 25 26 27 28 Using any other words, marks, designs, phrases, or the like in a manner likely to cause confusion, mistake, or deception in connection with the offering or providing of financial services. 13. Defendants, and each of them, and including their agents, servants, officers, directors, employees, attorneys, and all other persons in active participation therewith, are instructed to immediately: a. 18 19 Using on the Internet any domain names, metatags, keywords, links, embedded links, text and/or the like, that incorporate, use, refer to, direct to, or 12 13 Using the RPM Marks and/or anything confusingly similar thereto Terminate all contracts, linking agreements, and/or the like, that relate in anyway to the use of the RPM Marks and/or anything confusingly similar thereto; b. Instruct all internet search engine companies and/or providers and/or entities known to direct or provide internet traffic that they must cease all use of the RPM Marks and/or anything confusingly similar thereto to direct internet traffic to any website owned and/or affiliated with Defendants; c. Remove from circulation all materials that previously used and/or referenced the RPM Marks and/or anything confusingly similar thereto; and d. Transfer all domain names that contain any of the RPM Marks in whole or in part. [continued on the next page] -3- 1 2 3 4 14. The Court retains jurisdiction to enforce or amend as necessary this judgment in accordance with settlement agreement executed by the parties, including jurisdiction to award attorney’s fees and costs as well as damages. 5 6 7 Dated: February 6, 2008 __________________________________ United States District Court Judge 8 9 10 JUDGMENT CONSENTED TO BY: 11 12 Dated: ___2/1/08______ J.W.P. LENDERS CORPORATION 13 14 15 /s/________________________________ Dated: ___1/30/08_____ /s/________________________________ R.P. M. LENDERS, INC. 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-

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