Majestics Car Club Inc. v. Headley, CV 15-09803-DSF (AFMx). (2017)
Court: District Court, C.D. California
Number: infdco20170727888
Visitors: 11
Filed: Jul. 25, 2017
Latest Update: Jul. 25, 2017
Summary: JUDGMENT DALE S. FISCHER , District Judge . Pursuant to the Order Accepting Findings and Recommendations of the United States Magistrate Judge, IT IS HEREBY ORDERED AND ADJUDGED that Judgment is entered in favor of Plaintiff Majestics Car Club, Inc. and against Defendant Randy Headley, an individual and doing business as LOGOS TWO and Logos Plus LLC, a California Limited Liability Company (collectively Defendant) pursuant to the terms set forth herein. 1. A money judgment is entered in fa
Summary: JUDGMENT DALE S. FISCHER , District Judge . Pursuant to the Order Accepting Findings and Recommendations of the United States Magistrate Judge, IT IS HEREBY ORDERED AND ADJUDGED that Judgment is entered in favor of Plaintiff Majestics Car Club, Inc. and against Defendant Randy Headley, an individual and doing business as LOGOS TWO and Logos Plus LLC, a California Limited Liability Company (collectively Defendant) pursuant to the terms set forth herein. 1. A money judgment is entered in fav..
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JUDGMENT
DALE S. FISCHER, District Judge.
Pursuant to the Order Accepting Findings and Recommendations of the United States Magistrate Judge,
IT IS HEREBY ORDERED AND ADJUDGED that Judgment is entered in favor of Plaintiff Majestics Car Club, Inc. and against Defendant Randy Headley, an individual and doing business as LOGOS TWO and Logos Plus LLC, a California Limited Liability Company (collectively Defendant) pursuant to the terms set forth herein.
1. A money judgment is entered in favor of Plaintiff and against Defendant in the amount of $100,000.
(a) This $100,000 money judgment cannot and shall not be enforced against Defendant, unless Defendant defaults on the payments required by Paragraph 2 below.
(b) If Defendant makes the payments required by Paragraph 2 below, Plaintiff shall then provide Defendant with a document reflecting that the $100,000 money judgment has been satisfied.
2. Defendant shall pay $14,000 to the Plaintiff, as follows: $1,000 shall be paid within ten (10) days of entry of judgment. The remaining $13,000 shall be paid over four years in quarterly payments of $812.50 per quarter. The first quarterly payment is due on July 1, 2017, or ten (10) days after entry of Judgment, whichever is later.
3. Beginning thirty (30) days from the entry of judgment, Defendant is enjoined from using the MAJESTICS trademark, or any confusingly similar term, on goods, services, advertisements, or social media, as follows:
(a) Defendant shall not make, use, sell, or offer to sell anything with the MAJESTICS trademark.
(b) Defendant shall not use the MAJESTICS "M" in sales of any goods or services to any Majestics car club member.
(c) Defendant shall not own any domain name using the term "Majestics."
4. Ten (10) days after entry of judgment, Defendant shall turn over all inventory bearing MAJESTICS or any confusingly similar mark.
5. Defendant acknowledges the validity of Plaintiff's trademarks and registration for the MAJESTICS mark.
6. Neither party shall disparage the other. In response to any questions regarding the case, the parties may refer to the terms of this Judgment. If there is an alleged violation of this non-disparagement provision, the parties shall meet and confer. If they are not able to resolve the issue within thirty (30) days, the parties may then enforce the provision by motion to the Court.
7. Each side shall pay its own costs and attorney's fees, except that Defendant Headley shall pay Plaintiff a sanction of $500 no later than August 30, 2017.
8. The Court retains jurisdiction for enforcement of the terms of this Judgment.
Source: Leagle
