JUDGMENT AND PERMANENT INJUNCTION

JOHN F. WALTER, District Judge.

IT IS HEREBY ORDERED AND ADJUDGED THAT:

Defendants Lance Kelsey and Lanice Kelsey Inc. Which Will Do Business In California As Mortgage Electronic Registration Systems Incorporated (MERS) (collectively, "Defendants") are liable for infringement of Plaintiff MERSCORP Holdings, Inc.'s ("MERSCORP") federally registered MERS® word mark (U.S. Trademark Registration No. 2,084,831) under 15 U.S.C. Section 114.

1. Defendants are liable for false designation of origin under are liable for false designation of origin under 15 U.S.C. Section 1125(a) based on their use of names substantially similar to Plaintiff MERSCORP's and Plaintiff Mortgage Electronic Registration Systems, Inc.'s ("MERS") (collectively, "Plaintiffs") MERS® word mark and MORTGAGE ELECTRONIS REGISTRATION SYSTEMS, INC. trade name.

2. Defendants are liable for unfair competition under California Business and Professions Code sections 17200 et seq.

3. Defendants are liable for unlawful trade practices under Wyoming Statutes Annotated sections 40-12-105 et seq.

4. Defendants, their officers, agents, servants, employees and attorneys and those in active concert or participation with them, are hereby permanently restrained and enjoined from:

a. Using the MERS® Mark, MERSCORP trade name, or MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. trade name, or any confusingly similar versions thereof, in commerce in the United States;

b. Maintaining an active corporation, fake business name, or assumed business name with the name MERS, INC. or MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. (MERS) or any confusingly similar name; and

c. Assisting, aiding, or abetting any other person or entity in engaging in or performing any of the activities referred to in subparagraphs (1) and (2) above.

IT IS SO ORDERED AND ADJUDGED.