Consumerinfo.com Inc v. Money Management International Inc et al, No. 2:2007cv04275 - Document 204 (C.D. Cal. 2008)
Court Description: STIPULATED FINAL JUDGMENT: Plaintiff/Counter-Defendant ConsumerInfo.com, Inc. shall have judgment against Defendant/Counter-Plaintiff Monday Managemetn International, Inc. The Court awards ConsumberInfo the sum of $1, which represents nominal damages for ConsumerInfo's First, Second and Fourth Claims for Relief by Judge S. James Otero in favor of Consumerinfo.com Inc against Money Management International Inc ( MD JS-6. Case Terminated ) (bp)
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Consumerinfo.com Inc v. Money Management International Inc et al Doc. 204 JS-6 1 2 3 4 5 6 7 8 llp 10 IN THE UNITED STATES DISTRICT COURT K aye S choler 9 11 FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 13 14 15 CONSUMERINFO.COM, INC., a California corporation, Plaintiff, 16 17 18 19 20 v. MONEY MANAGEMENT INTERNATIONAL, INC., a Texas corporation; and DOES 1-25, inclusive, 21 Defendants. 22 23 AND RELATED COUNTERCLAIM 24 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:07-cv-04275-SJO-Ex STIPULATED FINAL JUDGMENT (Hon. S. James Otero) NOTE CHANGES MADE BY COURT 25 26 27 28 23252877.DOC [PROPOSED] STIPULATED FINAL JUDGMENT Dockets.Justia.com 1 On September 2, 2008, this Court granted partial summary judgment in favor of 2 Plaintiff/Counter-Defendant ConsumerInfo.com, Inc. (“ConsumerInfo”) and against 3 Defendant/Counter-Plaintiff Money Management International, Inc. (“MMI”) on 4 ConsumerInfo’s First, Second, and Fourth Claims for Relief for Infringement of a 5 Federally Registered Mark, False Designation of Origin/Unfair Competition, and 6 Common Law Trademark Infringement, respectively. The Court also granted partial 7 summary judgment in favor of ConsumerInfo on all of MMI’s Counterclaims. 8 llp consisting of its Third Claim for Dilution of a Federally Registered Mark and its Fifth 10 Claim for Breach of Contract, following a request for voluntary dismissal with K aye S choler 9 On ____9/16/08__, the Court dismissed ConsumerInfo’s remaining claims 11 prejudice filed by ConsumerInfo on September 16, 2008. ConsumerInfo has waived 12 its right to a trial on its actual damages. The parties stipulate to entry of this Judgment 13 based on the findings and conclusions in the Court’s September 2, 2008, order. MMI 14 reserves the right to appeal the September 2, 2008, order underlying this Judgment. 15 NOW THEREFORE, it is ORDERED, ADJUDGED AND DECREED that: 16 1. This Court has jurisdiction over the parties and the subject matter. 17 2. Plaintiff/Counter-Defendant ConsumerInfo.com, Inc. shall have judgment 18 against Defendant/Counter-Plaintiff Money Management International, Inc. 19 3. The Court awards ConsumerInfo the sum of $1, which represents nominal 20 damages for ConsumerInfo’s First, Second and Fourth Claims for Relief. 21 4. Attorneys’ fees and costs to be determined post judgment pursuant to 22 stipulation of counsel. 23 5. Should a party seek to recover attorneys’ fees as costs or otherwise, then a 24 motion or application for such an award of fees shall be made directly to the 25 Court pursuant to Local Rule 54-12. An application for taxation for all other 26 forms of costs shall be made to the Clerk pursuant to Local Rule 54-3. 27 6. The Court DECLARES that: a. ConsumerInfo’s Trademark Registration No. 2,934,788 for the mark 28 2 23252877.DOC [PROPOSED] STIPULATED FINAL JUDGMENT 2 b. MMI did not make a bona fide use of the mark MY SCORE+ or the mark 3 MY SCORE PLUS in the ordinary course of trade prior to ConsumerInfo’s 4 first use in commerce of PLUS SCORE. 5 c. The marks MY SCORE+ and MY SCORE PLUS so resemble PLUS 6 SCORE as to be likely, when used on or in connection with the goods or 7 services of MMI, to cause confusion, or to cause mistake, or to deceive. 8 d. The mark MY SCORE+, Registration No. 3,164,586, is not capable of 9 serving as a valid mark for MMI and therefore should be cancelled. llp PLUS SCORE is good and valid in law. 10 e. The mark MY SCORE PLUS, Serial No. 78,437,896, is not capable of K aye S choler 1 11 serving as a valid mark for MMI and therefore should not register. 12 7. The Director of the United States Patent and Trademark Office is 13 ORDERED, pursuant to 15 U.S.C. § 1119, to CANCEL IN WHOLE the 14 registration for the mark MY SCORE+, Registration No. 3,164,586. 15 8. Pursuant to 15 U.S.C. § 1119, the Court determines MMI does not have the 16 right to register the mark MY SCORE PLUS, Serial No. 78,437,896, and the 17 Director of the United States Patent and Trademark Office is ORDERED to 18 refrain from registering the mark MY SCORE PLUS, Serial No. 78,437,896. 19 20 /S/ S. James Otero 21 22 Dated:______9/16/08_____________ By:_________________________ Honorable S. James Otero 23 United States District Judge 24 25 26 27 28 2 23252877.DOC [PROPOSED] STIPULATED FINAL JUDGMENT
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