Filed: Jun. 02, 2015
Latest Update: Jun. 02, 2015
Summary: JUDGMENT AND PERMANENT INJUNCTION MICHAEL W. FITZGERALD , District Judge . Defendant INFIDEL INDUSTRIES LLC, having been served with a copy of the Summons and Complaint in this action, the time having passed for Defendant to answer, the default of Defendant having been duly entered, and for good cause appearing from the Motion of Plaintiff FORGED THREADWORKS, INC., for Entry of Default Judgment Against Defendants, and the evidence submitted in support of the Motion, IT IS HEREBY ORDERED, A
Summary: JUDGMENT AND PERMANENT INJUNCTION MICHAEL W. FITZGERALD , District Judge . Defendant INFIDEL INDUSTRIES LLC, having been served with a copy of the Summons and Complaint in this action, the time having passed for Defendant to answer, the default of Defendant having been duly entered, and for good cause appearing from the Motion of Plaintiff FORGED THREADWORKS, INC., for Entry of Default Judgment Against Defendants, and the evidence submitted in support of the Motion, IT IS HEREBY ORDERED, AD..
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JUDGMENT AND PERMANENT INJUNCTION
MICHAEL W. FITZGERALD, District Judge.
Defendant INFIDEL INDUSTRIES LLC, having been served with a copy of the Summons and Complaint in this action, the time having passed for Defendant to answer, the default of Defendant having been duly entered, and for good cause appearing from the Motion of Plaintiff FORGED THREADWORKS, INC., for Entry of Default Judgment Against Defendants, and the evidence submitted in support of the Motion,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT the Court enters Judgment in favor of FORGED THREADWORKS, INC. and against Defendant INFIDEL INDUSTRIES LLC as follows:
Statutory Damages $150,000.00
Actual Damages $ 16,777.20 plus pre-judgment interest
Attorneys' Fees $ 6,935.54
Total $ 173,712.74
The Court also awards costs, and post-judgment interest at the rate provided for in 28 U.S.C. § 1961.
A permanent injunction is also entered as follows:
A. Defendant, its officers, agents, servants, employees, and attorneys, and all persons in active concert or participation with any of them, be permanently enjoined from:
i. infringing Plaintiff's copyrights and trademarks;
ii. using any designation confusingly similar to Plaintiff, including without limitation: NO QUARTER and OPERATION HONOR THEM;
iii. competing unfairly with Plaintiff in any manner, including infringing any of Plaintiff's copyright and trademark rights; and
iv. conspiring, encouraging, inducing, allowing, abetting, or assisting others in performing any of the activities referred to in subparagraphs (i) — (iii) above.
B. Defendant, its officers, agents, servants, employees, and attorneys, and all persons in active concert or participation with any of them, are to deliver for destruction to Plaintiff, or show proof of destruction of, any and all products, labels, signs, prints, packages, wrappers, receptacles, and advertisements, and any other materials in their possession or control that depict or reference any of Plaintiff's copyrighted materials, and any materials or articles used for making or reproducing the same.
C. Defendant file with the Court and serve on Plaintiff, within 30 days after the entry and service on Defendant of an injunction, a report in writing and attested to under penalty of perjury setting forth in detail the manner and form in which Defendant has complied with the provisions of subparagraphs (A) and (B) above.
