A. O. Smith Corporation v. USA Smith Industry Dev. Inc.

Justia Dockets & Filings Tenth Circuit Colorado District Court A. O. Smith Corporation v. USA Smith Industry Dev. Inc.

A. O. Smith Corporation v. USA Smith Industry Dev. Inc.

Plaintiff:	A. O. Smith Corporation
Defendant:	USA Smith Industry Dev. Inc.
Case Number:	1:2016cv02587
Filed:	October 17, 2016
Court:	US District Court for the District of Colorado
Office:	Denver Office
County:	Denver
Presiding Judge:	Michael J. Watanabe
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1114
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
May 22, 2017	Filing 21 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 i n 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 w ater 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, )

Date Filed

Document Text

May 22, 2017

Filing 21 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 i n 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 w ater 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, )

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Plaintiff: A. O. Smith Corporation
Represented By:	Carolyn L. McIntosh
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Defendant: USA Smith Industry Dev. Inc.
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