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08-796 - Auburn University v. Moody et al (CONSENT)


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08-796 - Auburn University v. Moody et al (CONSENT)
November 4, 2008
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MEMORANDUM OPINION. Signed by Honorable Charles S. Coody on 11/4/2008. (cb, )
December 11, 2008
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Charles S. Coody on 12/11/2008. (cb, )PERMANENT INJUNCTION as follows: (1) That plaintiff Auburn University's motion for a permanent injunction be and is hereby GRANTED; (2) that the defendants, Michael Moody and SIXFINGERYEAR.COM, and their officers, agents, servants, and employees, and all persons acting in conjunction with the defendants or at their direction, be and are PERMANENTLY RESTRAINED and ENJOINED from producing, manufacturing, marketing, distributing, selling or offering for sale, the unlicensed orange and blue six finger foam hand novelty souvenirs bearing, orwhich have ever borne, the AUBURN and WAR EAGLE marks as well as any other foam hand novelty product that contains any of Auburn's marks including AUBURN, WAR EAGLE, AUBURN UNIVERSITY, and AUBURN TIGERS; (3) That the defendants shall not include any items or images of items on the SIXFINGERYEAR.COM website shopping cart that presently have affixed or have ever had affixed to it any of the Auburn University marks; (4) the defendants shall, on or before December 19, 2008, deliver to counsel for Auburn University any and all advertising and promotional materials, signs, business cards or other material which contain, or which have contained the AUBURN and WAR EAGLE marks. The plaintiff may thereafter destroy or otherwise dispose of the items as it deems appropriate; (5) that defendant Michael Moody shall PUBLISH and MAINTAIN a corrective statement on the website SIXFINGERYEAR.COM specifically stating that the defendants are not now, nor have they ever been, licensed to sell merchandise bearing the Auburn trademarks and service marks; (6) That the $5,000 bond, posted with the Clerk of Court in accordance with FED.R. CIV. P. 65(c), be and is hereby RELEASED to Auburn University. The Clerk of the Court is DIRECTED to issue a writ of injunction and the United States Marshal shall personally serve defendants Mike Moody and SIXFINGERYEAR.COM with a copy of this permanent injunction at the address of record. Signed by Honorable
December 11, 2008
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FINAL JUDGMENT that judgment be and is hereby entered in favor of the plaintiff and against the defendants, and that this case be and is hereby DISMISSED with prejudice, each party to bear its own costs. It is further ORDERED that all pending deadlines are terminated and all pending motions are hereby DENIED as moot. The Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Charles S. Coody on 12/11/2008. (Attachments: # (1) Civil Appeals Checklist)(cb, )