MOTION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT

SARA L. ELLIS, District Judge.

Plaintiff, THE BIG TEN CONFERENCE, INC. (the "Conference"), and Defendant Steve Gazibara ("Mr. Gazibara") (the Conference and Mr. Gazibara are collectively referred to as the "Parties"), having reached an agreement to resolve the Conference's several claims against Mr. Gazibra, have consented to the entry of a Final Judgment and Permanent Injunction on Consent, based on the stipulated findings of fact and conclusions of law set forth in the Application for Entry of Final Judgment and Permanent Injunction on Consent (the "Application") filed herewith. The Parties hereby move and request this Court to enter the final judgment and permanent injunction set forth in the attached Application.

APPLICATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT

Plaintiff, THE BIG TEN CONFERENCE, INC. (the "Conference"), and Defendant Steve Gazibara ("Mr. Gazibara") (the Conference and Mr. Gazibara are collectively referred to as the "Parties"), having reached an agreement to resolve the Conference's several claims against Mr. Gazibra, have consented to the entry of this Final Judgment and Permanent Injunction on Consent (this "Judgment"), based on the following stipulated findings of fact and conclusions of law, which the Court hereby adopts for purposes of entry of this Judgment.

STIPULATED FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. The Conference is a Delaware non-profit corporation with its principal place of business at 5440 Park Place, Rosemont, Illinois 60018.

2. Operating under the name "Big Ten" since at least as early as 1917, the Conference is a collegiate athletic conference comprising an association of fourteen world-class academic institutions: the University of Illinois at Urbana-Champaign; Indiana University; the University of Iowa; the University of Maryland; Michigan State University; the University of Michigan; the University of Minnesota-Twin Cities; the University of Nebraska-Lincoln; Northwestern University; The Ohio State University; Pennsylvania State University; Purdue University; Rutgers, The State University of New Jersey; and the University of Wisconsin-Madison. The Conference has been in existence since 1895, and for 120 years it has remained a national leader in intercollegiate athletics.

3. The Conference owns and maintains a number of U.S. trademark registrations covering a broad range of goods and services (collectively referred to herein as the "Big Ten Marks"). The Big Ten Marks include, but are not limited to: (1) U.S. Registration No. 1,969,353 for the word mark BIG TEN claiming "publications, namely books, pamphlets, brochures, newsletters, journals, magazines, handbooks, manuals and programs relating to athletic activities" in class 16, "entertainment services, namely sponsoring and coordinating the presentation of athletic events and contests" in class 41 and "association services, namely promoting the interests of member institutions participating in various sports attractions" in class 42; (2) U.S. Registration No. 1,858,081 for the word mark BIG TEN claiming "all-purpose athletic bags, backpacks and fanny packs" in class 18, "beverage glassware, plastic coasters and mugs" in class 21, "wearing apparel; namely, jerseys, warm-ups, shirts, shorts, jackets, infant wear, sleepwear, pants, shoes, gloves, mittens, scarves and socks" in class 25 and "plush toys, games and athletic equipment; namely, board games, action skill games, yo-yos, dominoes, balls (soccer balls, volleyballs, baseballs, golf balls, footballs and miniature footballs), fishing tackle, flying discs, hockey pucks, golf tees, balloons, swim floats for recreational use, and swim action game equipment; namely, volleyballs and basketballs for pools" in class 28; (3) U.S. Registration No. 2,589,261 for the word mark BIGTENSTORE claiming "On line retail store services featuring men's, women's and children's clothing; dishware; computer accessories, namely, mousepads; hats and caps; key rings; pins; license plates; balls; banners and signs; school supplies; golf products; home furnishings; wall art; watches and timepieces; eyewear; vintage apparel; dog accessories; beverage coolers; calendars; dolls; stadium seat cushions; bags; umbrellas; lamps; blankets; magnets; door mats; pillows; flags and flag poles; mailboxes; birdhouses; souvenir programs; plaques" in class 35; (4) U.S. Registration No. 4,050,908 for the BIG logo claiming "association services, namely, promoting the interests of member institutions participating in various sports attractions" in class 35; and (5) U.S. Registration No. 4,184,017 for the BIG logo claiming "entertainment services, namely, arranging and conducting athletic competitions and producing television programs of athletic competitions; educational services, namely, conducting clinics and classes in the field of athletics and drug abuse prevention, and distributing course materials in connection therewith" in class 41.

4. As a result of the Conference's significant investments and prominent and consistent promotion of its goods and services under the Big Ten Marks for nearly a century, the Big Ten Marks have become famous and widely recognized among consumers as source identifiers for the Conference.

5. Defendant Mr. Gazibara, an individual, is a resident of the State of Illinois with an address of 1410 W. Wilson Ave, Apt. 4E, Chicago, Illinois 60640. Mr. Gazibara is the owner of a business that he operated under the name "Big10Tens" using the domain name <big10tens.com>, as well as through social media pages, including Facebook (www.facebook.com/Big10Tens), Twitter (https://twitter.com/Big10Tens) and Instagram (http://instagram.eom/big10tens# and http://instagram.com/thebig10men/) that were named "Big10Tens." These websites and social media accounts featured, among other things, images of college-aged individuals fraternizing and partying.

6. Mr. Gazibara also used a logo displaying the mark "Big 10 Tens" and "Big 10" and the slogan "In Your Conference Out of Your League." This was a direct reference to and implied affiliation with or sponsorship by the Conference. Further, Mr. Gazibara used the <big10tens.com> website and related social media pages to generate advertising revenue through paid advertisements and the sale of consumer merchandise, some of which displayed the Big Ten Marks.

7. As a result of his use of the Big Ten Marks, Mr. Gazibara developed a substantial fan base and following with over 79,000 followers on Twitter, 15,000 "likes" on Facebook and 19,000 followers on Instagram (between both the "Big10Tens" and "Big10Men" pages).

8. To promote the <bigl0tens.com> website, Mr. Gazibara was also using the Big Ten Marks as "key words" in the meta tags of the website, which helped draw individuals searching for the Conference's goods and services and information related thereto, instead to Mr. Gazibara's website.

9. Based on the Conference's rights in the Big Ten Marks, Mr. Gazibara's use of the Big Ten Marks in connection with the activities set forth above is likely to cause consumers to believe that the Conference was the source of Mr. Gazibara's goods and/or services or that Mr. Gazibara's goods were sponsored by, affiliated with, or otherwise approved or endorsed by the Conference.

10. Mr. Gazibara's use of the Big Ten Marks or any marks, designs, logos or the like that are the same or similar to the Big Ten Marks is likely to dilute, and does dilute, the distinctive quality of the Big Ten Marks.

11. Mr. Gazibara's use of the Big Ten Marks is likely to injure, and does injure, the business reputation of the Conference.

12. On February 3, 2015, the Conference commenced the above-captioned action (the "Action") by filing a Complaint against Mr. Gazibara alleging trademark infringement, trademark dilution, false designation of origin, cybersquatting and unfair competition arising under the Trademark Act of 1946, 15 U.S.C. § 1051, et seq., (the "Lanham Act"), as well as the common laws of the State of Illinois.

13. On February 4, 2015, counsel for the Conference spoke with Mr. Gazibara regarding a resolution of this matter. Mr. Gazibara was quick to make changes to his website and social media pages in response to the Conference's demands, including contacting the Conference to transfer the <big10tens.com> domain name. Mr. Gazibara has agreed to the demands set forth in the Conference's demand letters, and the Parties' agreement is memorialized below and herein.

14. The Conference served Mr. Gazibara with the Summons and Complaint on February 23, 2015.

15. This Court has subject matter jurisdiction over Mr. Gazibara under, among other things, 15 U.S.C. § 1121 (actions arising under the Lanham Act) and 28 U.S.C. §§ 1331, 1338(a) because this case arises under the federal trademark laws of the United States.

16. This Court has personal jurisdiction over Mr. Gazibara based upon his contacts with this forum, including at least regularly and intentionally doing business here and committing acts giving rise to this lawsuit here.

17. Venue is proper in this judicial district pursuant to, among other things, 28 U.S.C. §§ 1391(b) and (c).

PERMANENT INJUNCTION AND ORDER

18. Based on the Parties' stipulation and agreement hereto, it is hereby ORDERED, ADJUDGED and DECREED that Mr. Gazibara and each of his agents, servants, employees, successors and assigns and all others acting in concert therewith or having knowledge thereof, are hereby PERMANENTLY RESTRAINED AND ENJOINED from directly or indirectly:

(a) Using the Big Ten Marks or any marks that are the same as or similar to the Big Ten Marks or using any word, words, phrases, symbols, logos or any combination of words or symbols that would create a likelihood of confusion, mistake or deception therewith, including, without limitation, the Big Ten Marks, in connection with or in the marketing, offering, selling, disposing of, licensing, leasing, transferring, displaying, advertising, reproducing, designing, developing and/or manufacturing of goods and/or services in commerce in any manner whatsoever (including on consumer merchandise, websites, social media pages or the like);

(b) Purchasing or creating any advertising, marketing or promotional materials that contain infringements of, or things likely to cause confusion with, the Big Ten Marks;

(c) Registering or seeking to register any trademark, trade name, business name, logo, domain name or the like that is the same or similar to the Big Ten Marks or naming any social media page or website any name that is the same or similar to the Big Ten Marks;

(d) Using, selling, offering for sale, manufacturing, designing, creating, distributing, promoting, advertising, marketing or the like any goods or services (including, but not limited to, websites and social media pages) displaying the Big Ten Marks or any marks similar to the Big Ten Marks in connection with any goods or services (including, but not limited to, websites and social media pages);

(e) Engaging in any course of conduct that is likely to mislead, or does mislead, the public into believing that Mr. Gazibara is affiliated, associated or otherwise connected with the Conference, or engaging in any conduct that is likely to mislead the public into believing that the products and/or services (including, but not limited to, websites and social media pages) marketed and/or offered for sale by Mr. Gazibara are licensed, sponsored, authorized or otherwise approved by the Conference; and

(f) Assisting, aiding or abetting any other person or business entity in engaging in or performing any of the activities referred to in the above sub-paragraphs (a) through (e).

19. This Judgment shall be binding upon and inure to the benefit of the Parties hereto and their respective parents, subsidiaries, affiliates, predecessors, successors, assigns, licensees and distributors and their officers, directors, shareholders, servants, employees, attorneys and agents or any committee or other arrangement of creditors organized with respect to the affairs of any Party.

20. By consenting to this Judgment, Mr. Gazibara waives any and all claims and counterclaims that he could have raised in this Action. No appeals shall be taken from this Judgment, and the Parties hereby waive all rights to appeal from this Judgment.

21. This Court shall retain jurisdiction over this matter to enforce a violation of the terms of this Judgment. In the event that Mr. Gazibara breaches any term of this Judgment, or otherwise infringes or dilutes the Conference's trademark rights, the Conference shall be entitled to injunctive relief, damages, profits, attorneys' fees, costs and any other relief that the Court deems just and proper.

IT IS SO ORDERED, the ___ day of March, 2015.

CONSENTED AND AGREED TO:

The Parties hereby consent to the terms and conditions of this Final Judgment and Permanent Injunction on Consent as set forth herein and consent to entry thereof. The parties also expressly consent to this Court's continuing jurisdiction to enforce the terms and conditions set forth herein, and to enforce any other relief that may be appropriate.