ABC v. DEF
||September 21, 2020
||US District Court for the Southern District of New York
||Foley Square Office
|Nature of Suit:
|Cause of Action:
||15:1114 Trademark Infringement (Lanham Act)
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|September 21, 2020
DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: IT IS HEREBY ORDERED, ADJUDGED, DECREED that Defendants, including their agents, servants, employees, confederates and any persons acting in concert or participation with them or third parties provid ing services used in connection with Defendants operations, having actual knowledge of this Permanent Injunction Order by service, actual notice or otherwise, be, and are, hereby permanently enjoined and restrained from: (a) using the XXL Marks or an y reproduction, counterfeit, copy or colorable imitation of the XXL Marks in connection with the advertising, offer for sale and/or sale of services and/or products that are not those of Plaintiffs; and (b) passing off, inducing or enabling others to sell or pass off any services and/or products as and for those of Plaintiffs; and (c) utilizing the Infringing Uses and registering any additional domain names and/or email accounts that use or incorporate any of the XXL Marks; and (d) further infri nging any of Plaintiffs' Marks and damaging Plaintiffs' goodwill; and (e) otherwise competing unfairly with Plaintiffs in any manner. It is further ORDERED that, in accordance with 15 U.S.C. § 1116(a) and this Court's inherent equ itable power, email service providers, including but not limited to Google, providing email accounts used in conjunction with the Infringing Uses shall cease service of Fraudulent eMail accounts, including those set forth in Exhibit B hereto; and it is further ORDERED that the bond posted by Plaintiff is hereby released; and it is finally ORDERED that this Court shall retain jurisdiction over the parties and the subject matter of this litigation for the purpose of interpretation and enforcement of this Permanent Injunction. (As further set forth herein). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/21/2020) (kv) Transmission to Finance Unit (Cashiers) for processing.
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