Lauer Enterprises, Inc. v. Oh Baby! Gifts Inc.

Justia Dockets & Filings Eighth Circuit Minnesota District Court Lauer Enterprises, Inc. v. Oh Baby! Gifts Inc.

Lauer Enterprises, Inc. v. Oh Baby! Gifts Inc.

Plaintiff:	Lauer Enterprises, Inc.
Defendant:	Oh Baby! Gifts Inc.
Case Number:	0:2015cv00032
Filed:	January 7, 2015
Court:	US District Court for the District of Minnesota
Office:	DMN Office
County:	Hennepin
Presiding Judge:	Michael J. Davis
Presiding Judge:	Franklin L. Noel
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1051
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 25, 2015	Filing 22 ORDER. IT IS HEREBY ORDERED that: 1. Plaintiff Lauer Enterprises, Inc.'s motion for default judgment, permanent injunction, and attorneys' fees and costs is GRANTED 11 . 2. Pursuant to 15 U.S.C. §§ 1116 and 1118, the Court a wards injunctive relief as follows: a. Defendant Oh Baby! Gifts, Inc. and its agents, servants, employees, affiliates, and all other persons acting in concert or conjunction with it from directly or indirectly utilizing the name OH BABY! or any con fusingly similar variant thereof, in any manner, including without limitation, as trademarks, service marks (or any other type of designation), trade names, business names, designations, descriptors, product identity statements, domain names, email a ddresses, keywords, or metatags, on products, packaging, or shipping containers, in product literature, promotional literature, or advertisements, on websites, Internet sites, online auctions or social networking sites. b. On or before 30 days from the date of this Order, Defendant shall destroy all packaging, advertising, marketing, and collateral materials that contain any OH BABY! marks or any mark, name, or designation that infringes or is similar to any OH BABY! marks. Defendant shall re move all references to or use of the OH BABY! marks and any mark, name, or designation that infringes any OH BABY! mark from any and all websites, Internet sites, online auction sites, social networking sites and other online applications containing content directly or indirectly under its control, and shall certify its compliance with this paragraph in writing and under oath. If any other packaging, advertising, marketing, or collateral materials containing or referring to any OH BABY! mark or any mark, name, or designation that infringes or has been deemed confusingly similar to any OH BABY! mark, come or are brought to Defendant's attention after the date of such certification, Defendant shall promptly destroy such other materials and remove such references. c. On or before 30 days from the date of this Order, Defendant shall transfer the domain name www.ohbabygifts.com to Plaintiff. d. On or before 45 days from the date of this Order, Defendant shall file with the Court a certification under oath attesting to and detailing Defendant's compliance with this Order. 3. Pursuant to 15 U.S.C. § 1117(a), Defendant shall account to Plaintiff for all profits realized through use of the OH BABY! mark, in an amount to be approved by the Court upon submission of an accounting thereof. 4. This Court finds that Plaintiff Lauer Enterprises, Inc. is the prevailing party and this is an exceptional case under 15 U.S.C § 1117 so as to justify an award of attorne ys' fees. Alternatively, Plaintiff Lauer Enterprises, Inc. is awarded attorneys' fees under Minn. Stat. § 325D.45 subd. 2 and/or Minn. Stat. § 8.31 subd. 3a. Plaintiff Lauer Enterprises, Inc. is awarded reasonable attorneys fees in the amount of $12,676.00 and costs in the amount of $400.00, for a total of $13,076.00. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 6/24/15. (GRR)

Date Filed

Document Text

June 25, 2015

Filing 22 ORDER. IT IS HEREBY ORDERED that: 1. Plaintiff Lauer Enterprises, Inc.'s motion for default judgment, permanent injunction, and attorneys' fees and costs is GRANTED 11 . 2. Pursuant to 15 U.S.C. §§ 1116 and 1118, the Court a wards injunctive relief as follows: a. Defendant Oh Baby! Gifts, Inc. and its agents, servants, employees, affiliates, and all other persons acting in concert or conjunction with it from directly or indirectly utilizing the name OH BABY! or any con fusingly similar variant thereof, in any manner, including without limitation, as trademarks, service marks (or any other type of designation), trade names, business names, designations, descriptors, product identity statements, domain names, email a ddresses, keywords, or metatags, on products, packaging, or shipping containers, in product literature, promotional literature, or advertisements, on websites, Internet sites, online auctions or social networking sites. b. On or before 30 days from the date of this Order, Defendant shall destroy all packaging, advertising, marketing, and collateral materials that contain any OH BABY! marks or any mark, name, or designation that infringes or is similar to any OH BABY! marks. Defendant shall re move all references to or use of the OH BABY! marks and any mark, name, or designation that infringes any OH BABY! mark from any and all websites, Internet sites, online auction sites, social networking sites and other online applications containing content directly or indirectly under its control, and shall certify its compliance with this paragraph in writing and under oath. If any other packaging, advertising, marketing, or collateral materials containing or referring to any OH BABY! mark or any mark, name, or designation that infringes or has been deemed confusingly similar to any OH BABY! mark, come or are brought to Defendant's attention after the date of such certification, Defendant shall promptly destroy such other materials and remove such references. c. On or before 30 days from the date of this Order, Defendant shall transfer the domain name www.ohbabygifts.com to Plaintiff. d. On or before 45 days from the date of this Order, Defendant shall file with the Court a certification under oath attesting to and detailing Defendant's compliance with this Order. 3. Pursuant to 15 U.S.C. § 1117(a), Defendant shall account to Plaintiff for all profits realized through use of the OH BABY! mark, in an amount to be approved by the Court upon submission of an accounting thereof. 4. This Court finds that Plaintiff Lauer Enterprises, Inc. is the prevailing party and this is an exceptional case under 15 U.S.C § 1117 so as to justify an award of attorne ys' fees. Alternatively, Plaintiff Lauer Enterprises, Inc. is awarded attorneys' fees under Minn. Stat. § 325D.45 subd. 2 and/or Minn. Stat. § 8.31 subd. 3a. Plaintiff Lauer Enterprises, Inc. is awarded reasonable attorneys fees in the amount of $12,676.00 and costs in the amount of $400.00, for a total of $13,076.00. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 6/24/15. (GRR)

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Plaintiff: Lauer Enterprises, Inc.
Represented By:	Brent E Routman
Represented By:	Anthony R Zeuli
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Defendant: Oh Baby! Gifts Inc.
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