BEACON ROOFING SUPPLY, INC. v. MILLER et al
||BEACON ROOFING SUPPLY, INC.
||GINGER MILLER and PAUL EFFERIN
||August 22, 2017
||US District Court for the Western District of Pennsylvania
||XX US, Outside State
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|October 13, 2017
MEMORANDUM AND ORDER. For the reasons stated in the Memorandum and Order filed herewith, Plaintiff's Motion for Default Judgment (Doc. 25 ) is GRANTED. IT IS FURTHER ORDERED that: 1. Defendants and all officers, agents, servants, and employees and all other persons acting in concert or participation with any of them, are permanently enjoined from using the names, marks or designations "Beacon Roofing and Asphalt" and "Beacon Roofing Systems," and Beacon's encircle d lighthouse logo, as well as any use of the word "Beacon" or any confusingly similar name or mark in connection with identifying Defendants' business; 2. Defendants and all officers, agents, servants, employees, attorneys and all othe r persons acting in concert or participation with any of them are permanently enjoined from all acts of false description and representation and false designation of origin, all acts of unfair competition and unfair business practices, including the marketing, promotion and sale of any goods and services in the manner that is likely to cause confusion, to cause mistakes, or deceive, including the use of the trade names "Beacon Roofing and Asphalt" or "Beacon Roofing Systems," as well as Beacon's encircled lighthouse logo, and any other mark that is confusingly similar to Beacon's marks; and 3. All infringing promotional materials, products and other materials of Defendants or in the possession of Defendants tha t include the marks "Beacon Roofing and Asphalt" or "Beacon Roofing Systems," or Beacon's encircled lighthouse logo, or that is likely to cause confusion, to cause mistake, or to deceive, must be delivered to Beacon and destroyed pursuant to 15 U.S.C. § 1118. Signed by Judge Cathy Bissoon on 10/13/2017. (kg)
|August 23, 2017
ORDER denying 6 Motion for Reconsideration. For the reasons stated in the order filed herewith, Plaintiff's Motion for Reconsideration is hereby DENIED. As it appears from the Affidavit (Doc. 7 ) that actual notice of Plaintiff's requ est for injunctive relief has been provided to Defendants in this case, Defendants are entitled to a reasonable opportunity to be heard. To that end, a telephone conference in this case is scheduled for September 11, 2017 at 10:30 a.m. Defendants must participate in this conference either through counsel or pro se. Plaintiff is directed to provide this ruling to each Defendant at their last known mailing addresses via certified mail. Signed by Judge Cathy Bissoon on 8/23/2017. (kg)
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