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14-297 - CrossFit Incorporated v. del Cueto et al


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14-297 - CrossFit Incorporated v. del Cueto et al
February 6, 2018
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ORDER: Plaintiff's motion or default judgment 39 is GRANTED. Default judgment shall be entered in favor of Plaintiff and against Defendants as follows: 1. Defendants and all persons acting in concert or participation with them are permanently enjoined from: a. Using CROSSFIT, or any variant thereof, or any confusingly similar marks or taglines, in connection with the advertising, offering, or promotion of any product or service; b. Engaging in any acts of infringement of the CROSSFIT mark; c. Using CROSSFIT, or any variant thereof, or any confusingly similar marks or taglines, as a trademark, trade name, service mark, tagline, domain name, or for any other purpose; and d. Committing any other acts calculated or likely to cause consumer confusion or mistake in the mind of the public by causing consumers, purchasers, or investors to believe that the products or services promoted, offered, or sponsored by Defendants come from CrossFit, or are sponsored or approved by, or connected with, or warranted or guaranteed by CrossFit. 2. Defendants and all persons acting in concert or participation with them are to cooperate in forfeiting and relinquishing all rights in, and transferring to Plaintiff, the following domain names, as well as all other "CrossFit" domain names that Defendants may use or register, including infringing variations thereof (collectively, the "Infringing Domain Names"): a. www.crossfitalfa.com b. www.crossfitbeta.com 3. That the domain registrar is authorized to transfer the Infringing Domain Names set forth in paragraph 2 above to Plaintiff at Plaintiffs request if Defendants fail to do so within thirty (30) days of entry of default judgment; 4. Defendants shall pay Plaintiff $200,000 in statutory damages ($100,000 per Infringing Domain Name), pursuant to 15 U.S.C. ยง 1117(d); 5. Plaintiff may move for its attorneys' fees in a manner that complies with LRCiv 54.2. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment in accordance with this order and terminate this case. Signed by Judge Douglas L Rayes on 2/05/2018. (REK)