DESERT ROCK ENTERPRISES II, LLC v. DOIRON, 2:13-cv-01466-MMD-NJK. (2014)
Court: District Court, D. Nevada
Number: infdco20140902b43
Visitors: 8
Filed: Jul. 11, 2014
Latest Update: Jul. 11, 2014
Summary: ORDER FOR ENTRY OF DEFAULT JUDGMENT AGAINST DANIEL DOIRON MIRANDA M. DU, District Judge. Plaintiffs having filed a Motion for Entry of Default Judgment and Request for Expedited Consideration against Defendant Daniel Doiron d/b/a The D Resort Palm Springs ("Defendant"); Defendant having failed to answer Plaintiffs' Complaint previously served upon Defendant; the Clerk of Court having entered Default against Defendant on September 20, 2013; this Court having now given due consideration to Plain
Summary: ORDER FOR ENTRY OF DEFAULT JUDGMENT AGAINST DANIEL DOIRON MIRANDA M. DU, District Judge. Plaintiffs having filed a Motion for Entry of Default Judgment and Request for Expedited Consideration against Defendant Daniel Doiron d/b/a The D Resort Palm Springs ("Defendant"); Defendant having failed to answer Plaintiffs' Complaint previously served upon Defendant; the Clerk of Court having entered Default against Defendant on September 20, 2013; this Court having now given due consideration to Plaint..
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ORDER FOR ENTRY OF DEFAULT JUDGMENT AGAINST DANIEL DOIRON
MIRANDA M. DU, District Judge.
Plaintiffs having filed a Motion for Entry of Default Judgment and Request for Expedited Consideration against Defendant Daniel Doiron d/b/a The D Resort Palm Springs ("Defendant"); Defendant having failed to answer Plaintiffs' Complaint previously served upon Defendant; the Clerk of Court having entered Default against Defendant on September 20, 2013; this Court having now given due consideration to Plaintiffs' Motion as well as all papers, pleadings, and exhibits offered in support thereof by Plaintiffs; the Court being further advised in the matter and there having been no appearance, answer or defense of any kind by Defendant;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. That Defendant violated Section 32 of the Lanham Act (15 U.S.C. § 1114) and Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)) through the conduct described in the Complaint;
2. Defendant, individually and/or through any of his agents, employees, representatives, or attorneys, and all those persons or entities in active concert or participation with Defendant, are hereby permanently enjoined from:
a) using the names and marks "The D Resort", "The D", "The D Las Vegas" or any other designation that is confusingly similar to the "The D" mark as well as the other of the "The D Marks", as defined and identified in the Complaint, including "The D Casino & Hotel", "The D Bar", "Long Bar at The D", "D Grill", and "Showroom at The D", on or in connection with the distribution, sale, offering for sale, advertisement, or promotion of any goods or services that is likely to cause confusion, or to cause mistake, or to deceive, with respect to Plaintiffs' trademark rights in "The D", "The D Las Vegas", and the other of "The D Marks";
b) representing that any goods or services offered by Defendant are sponsored, approved, or authorized by or originate from Plaintiffs, or from otherwise taking any action likely to cause confusion, mistake, or deception as to the origin, approval, sponsorship, or authorization of such goods and services; and
c) otherwise unfairly competing with Plaintiffs in violation of the Lanham Act.
3. Defendant shall file with this Court and serve on Plaintiffs within thirty days after entry of this Order a report, in writing and under oath, setting forth in detail the manner and form in which Defendant has complied with the Order;
4. Pursuant to 15 U.S.C. § 1117, Defendant is ordered to pay Plaintiffs the sum of $18,113.20 for costs, attorney's fees, investigatory fees, and expenses incurred by Plaintiffs in connection with this action.
IT IS FURTHER ORDERED that this is a final order as it resolves of the last pending claims and closes the case, although the Court shall retain jurisdiction for the purpose of enforcement of this Order.
IT IS SO ORDERED.
Source: Leagle
