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16-2587 - A. O. Smith Corporation v. USA Smith Industry Dev. Inc.


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16-2587 - A. O. Smith Corporation v. USA Smith Industry Dev. Inc.
May 22, 2017
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ORDER GRANTING DEFAULT JUDGMENT MOTION IN PART. ORDERED: 1. Plaintiff's Motion for Default Judgment 11 is GRANTED IN PART to the extent stated below, and otherwise DENIED; 2. The Clerk shall enter a Final Judgment and Permanent Injunction in Plaintiff's favor, enjoining Defendant and its officers, agents, servants, employees, and attorneys from (a) using in any manner "Smith," "USA Smith," or "NOSMSE" in connection with the marketing and/or sale of water heaters, electrical boilers, and/or heating boilers; or (b) representing that it has "headquarters" in Durango, in the State of Colorado, or anywhere in the United States of America; 3. Plaintiff shall have its reasonable attorneys' fees upon compliance with Federal Rule of Civil Procedure 54(d)(2) and D.C.COLO.LCivR 54.3; 4. Plaintiff shall have its costs upon compliance with D.C.COLO.LCivR 54.1; and 5. The Clerk shall terminate this case, by Judge William J. Martinez on 5/22/2017. (dhans, )