Filed: Apr. 27, 2015
Latest Update: Apr. 27, 2015
Summary: ORDER T.S. ELLIS, III , District Judge . On February 26, 2015, plaintiff in this breach of contract and trademark infringement casemoved for a default judgment.(Doc.24). The matter was referred to a magistrate judge for a Report and Recommendation which issued on March 20, 2015. (Doc. 29). No objections to this Reportand Recommendation were filed. Thus, upon consideration of the March 20, 2015 Report and Recommendation of the United States Magistrate Judge designated to conduct a hearing
Summary: ORDER T.S. ELLIS, III , District Judge . On February 26, 2015, plaintiff in this breach of contract and trademark infringement casemoved for a default judgment.(Doc.24). The matter was referred to a magistrate judge for a Report and Recommendation which issued on March 20, 2015. (Doc. 29). No objections to this Reportand Recommendation were filed. Thus, upon consideration of the March 20, 2015 Report and Recommendation of the United States Magistrate Judge designated to conduct a hearing i..
More
ORDER
T.S. ELLIS, III, District Judge.
On February 26, 2015, plaintiff in this breach of contract and trademark infringement casemoved for a default judgment.(Doc.24). The matter was referred to a magistrate judge for a Report and Recommendation which issued on March 20, 2015. (Doc. 29). No objections to this Reportand Recommendation were filed.
Thus, upon consideration of the March 20, 2015 Report and Recommendation of the United States Magistrate Judge designated to conduct a hearing in this matter, without objection, and upon an independent de novo review of the record, it is hereby ORDERED that the Court adopts as its own the findings and recommendation of the United States Magistrate Judge asset forth in the March 20, 2015 Report and Recommendation.
Accordingly, for good cause,
It is hereby ORDERED that judgment is ENTERED by default in favor of plaintiff and against defendant in the amount of $176,475.68, consisting of $100,000 in liquidated damages arising from defendant's breach of contract and $76,475.68 in attorney's fees and costs.
It is further ORDERED that defendant Jail Call Services, LLC ("JCS") and its officers, agents, servants, employees, and any other persons acting on its behalf are ENJOINED from:
(i) using and advertising plaintiff Global Tel*Link ("GTL") Corporation's marks ("GTL Marks")1 in connection with JCS's products and services through metatags, internet search keywords, false representations and false advertising on its website, in direct communications with customers, and through direct marketing, internet marketing, automated attendants, email, and phone calls; and
(ii) committing any other acts calculated to cause consumers to believe that JCS's products or services are, or are affiliated or connected with GTL's products or services.
It is further ORDERED that JCS and its officers, agents, servants, employees, and any other persons acting on its behalf are DIRECTED to take prompt steps to remove all use and advertisement of the GTL Marks in connection with JCS's products and services from its website and the internet, as well as all advertising, promotional, or marketing material including direct communications with customers, direct marketing, internet marketing, metatags, internet search keywords, automated attendants, email, and phone calls, and otherwise to cease infringing upon the GTL Marks.
It is further ORDERED that the cash bond posted by plaintiff on November 25, 2014 as surety for the preliminary injunction entered November 24, 2015 be remitted to plaintiff.
The Clerk is DIRECTED to enter judgment pursuant to Rule 58, Fed. R. Civ. P. and to place this matter among the ended causes.
The Clerk is further DIRECTED to send a certified copy of this Judgment Order to the parties and all counsel of record.
