Neal Technologies, Inc. v. Craven Performance & Off-Road, LLC

Justia Dockets & Filings Eighth Circuit Missouri Eastern District Neal Technologies, Inc. v. Craven Performance & Off-Road, LLC

Neal Technologies, Inc. v. Craven Performance & Off-Road, LLC

Plaintiff:	Neal Technologies, Inc.
Defendant:	Craven Performances & Off-Road, LLC
Case Number:	4:2015cv00800
Filed:	May 19, 2015
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	Within US but Outside District
Presiding Judge:	Audrey G. Fleissig
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1051
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
December 31, 2015	Filing 12 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion for entry of default judgment is GRANTED. (Doc. No. 9 .) IT IS FURTHER ORDERED that, for purposes of this Order, the term "NTI Marks" shall mean and refer to (1) t he BULLET PROOF DIESEL trademark and service mark; (2) the BulletProofDiesel.com mark (U.S. Registration No. 4,235,578, dated November 6, 2012); and (3) the BulletProofDiesel.com and Design mark (U.S. Registration No. 4,262,825, dated December 25, 2012). IT IS FURTHER ORDERED that a Permanent Injunction is entered in this case as follows: [SEE ORDER FOR DETAILS]. IT IS FURTHER ORDERED that no later than 21 days from the date of this Order, Craven shall remove all designations and marks that violate this Order from all of its marketing materials, including but not limited to any signage, stationary, brochures, invoices, advertising and promotional materials, clothing, packaging, labels, domain names, website pages, Facebook pages, T witter accounts and other social media pages, owned or operated by Craven. IT IS FURTHER ORDERED that this case is an exceptional case within the meaning of 15 U.S.C. §1117(a), in that Defendant has effectively conceded its conduct was willfu l. Accordingly, Plaintiff is entitled to an award of attorney's fees and shall submit an affidavit or declaration to the Court as to the amount of such fees, supported by appropriate documents, by January 29, 2015. IT IS FURTHER ORDERED that Plaintiff is entitled to and is hereby awarded its costs of suit. IT IS FURTHER ORDERED that the Clerk of Court shall serve a copy of this Order on Defendant at the address reflected in the file. A separate judgment of default shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on December 31, 2015. (BRP)

Date Filed

Document Text

December 31, 2015

Filing 12 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion for entry of default judgment is GRANTED. (Doc. No. 9 .) IT IS FURTHER ORDERED that, for purposes of this Order, the term "NTI Marks" shall mean and refer to (1) t he BULLET PROOF DIESEL trademark and service mark; (2) the BulletProofDiesel.com mark (U.S. Registration No. 4,235,578, dated November 6, 2012); and (3) the BulletProofDiesel.com and Design mark (U.S. Registration No. 4,262,825, dated December 25, 2012). IT IS FURTHER ORDERED that a Permanent Injunction is entered in this case as follows: [SEE ORDER FOR DETAILS]. IT IS FURTHER ORDERED that no later than 21 days from the date of this Order, Craven shall remove all designations and marks that violate this Order from all of its marketing materials, including but not limited to any signage, stationary, brochures, invoices, advertising and promotional materials, clothing, packaging, labels, domain names, website pages, Facebook pages, T witter accounts and other social media pages, owned or operated by Craven. IT IS FURTHER ORDERED that this case is an exceptional case within the meaning of 15 U.S.C. §1117(a), in that Defendant has effectively conceded its conduct was willfu l. Accordingly, Plaintiff is entitled to an award of attorney's fees and shall submit an affidavit or declaration to the Court as to the amount of such fees, supported by appropriate documents, by January 29, 2015. IT IS FURTHER ORDERED that Plaintiff is entitled to and is hereby awarded its costs of suit. IT IS FURTHER ORDERED that the Clerk of Court shall serve a copy of this Order on Defendant at the address reflected in the file. A separate judgment of default shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on December 31, 2015. (BRP)

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Plaintiff: Neal Technologies, Inc.
Represented By:	John E. Petite
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Defendant: Craven Performances & Off-Road, LLC
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