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05-3545 - Magna-RX, Inc. vs. Slepicoff et al


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05-3545 - Magna-RX, Inc. vs. Slepicoff et al
November 25, 2008
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ORDER granting in part and denying in part Plaintiff's 488 MOTION for Entry of Default Judgment Without Hearing as follows: (1) Plaintiff is awarded statutory damages for copyright infringement (Count VIII) in the amount of $750 against each of the following Defendants: Troy Holley, Amy Chen, ES Online, Innovative Nutraceuticals Corp, Intela Marketing LLC, Robert Sefaradi, and Daniel Shaw; (2) Plaintiff is awarded statutory damages for trademark infringement (Count IV) in the amount of $500 against each of the following Defendants: Troy Holley, Amy Chen, ES Online, Innovative Nutraceuticals Corp, Intela Marketing LLC, Robert Sefaradi, and Daniel Shaw; (3) Plaintiff's request for a permanent injunction, as asserted in its Motion for Entry of Default Judgment, is denied without prejudice; Plaintiff's additional claims of Unfair Competition by Infringement of Common-Law Rights (Count V), violation of Lanham Act (Count VI), and Aiding and Abetting (Count VII), to the extent asserted against Defendants, if any, are dismissed; Plaintiff's request for entry of judgment against Defendants Troy Holley, Amy Chen, ES Online, Innovative Nutraceuticals Corp, Intela Marketing LLC, Robert Sefaradi, and Daniel Shaw is granted. The Court will enter separate default judgments against these Defendants consistent with this Order; the hearing is vacated as to pro se Defendant Harold Allen. The Motion for Entry of Default Judgment as to Harold Allen remains before the Court, pending further ruling of the Court. Signed by Judge Earl H Carroll on 11/24/08. (REW, )