Bosh Order
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Case 2:08-cv-04851-FMC-MAN
1 2 3 4 5
9
Attorneys for Plaintiff CHRISTOPHER BOSH
10 11 12
Page 1 of 3
Mark L. Smith (SBN: 213829) [email protected] WINSTON & STRAWN LLP 333 South Grand Avenue, 38th Floor Los Angeles, CA 90071-1543 Telephone: 213-615-1700 Facsimile: 213-615-1750
8
7
333 South Grand Avenue Los Angeles, CA 90071-1543
Filed 04/07/2009
Ronald Y. Rothstein (Admitted Pro Hac Vice) [email protected] WINSTON & STRAWN LLP 35 W. Wacker Drive Chicago, Illinois 60601 Telephone: 312-558-5600 Facsimile: 312-558-5700
6
Winston & Strawn LLP
Document 19
IN THE UNITED STATE DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
CHRISTOPHER BOSH, an individual, ) ) Plaintiff, ) ) vs. ) ) LUIS ZAVALA, an individual, and ) HOOPOLOGY.COM ) ) Defendants. ) ) )
Case No. 2:08-cv-04851-FMC-MANx AMENDED ORDER GRANTING DEFAULT JUDGMENT The Honorable Florence-Marie Cooper
THE COURT has reviewed the Application of Plaintiff Christopher Bosh for default judgment against Defendant Luis Zavala. The Court has considered all of the evidence submitted in connection with Bosh's Application. More than 20 days have passed since service of the Summons and Complaint upon Zavala, and Zavala has failed to plead or otherwise defend as provided by the Federal Rules of Civil Procedure. Zavala is not in military service and is not an infant or incompetent person. Bosh provided written notice to Zavala of this Application 1 [PROPOSED] AMENDED ORDER RE DEFAULT JUDGMENT
Case 2:08-cv-04851-FMC-MAN
1 2
Page 2 of 3
consistent with Local Rule 55-2. NOW, THEREFORE, it is ORDERED that default judgment is entered against Defendant Zavala and in favor of Plaintiff Bosh and that Bosh recover from Zavala
4
statutory damages in the amount of $100,000.00, prejudgment interest thereon based
5
on an annual rate of ten percent, which amounts to $27.40 a day from July 7, 2008 to
6
the date of entry of judgment herein, attorney's fees pursuant to Local Rule 55-3 in the
7
amount of $5,600.00, and costs in the amount of $1,420.02.
9 10
It is further ORDERED that Zavala and each of his agents, servants, employees and attorneys, and those persons in active concert or participation with Zavala are perpetually permanently enjoined and restrained:
11 333 South Grand Avenue Los Angeles, CA 90071-1543
Filed 04/07/2009
3
8
Winston & Strawn LLP
Document 19
a.
from using the CHRIS BOSH name or any word, words, symbol,
12
symbols, phrase or term confusingly similar thereto alone or prominently displayed in
13
promotional material, advertisements, web pages, signs, or in any other way in
14
connection with the advertising, distribution, offering for sale of products or services
15
not emanating from or authorized by Plaintiff;
16
b.
from displaying as part of any domain name, in labels,
17
promotional material, advertisements, signs or in any other way the CHRIS BOSH
18
name or any word, words, symbol, symbols, phrase or term confusingly similar
19
thereto in connection with the sale of products or services;
20
c.
from cybersquatting on the CHRIS BOSH name;
21
d.
from infringing the CHRIS BOSH name;
22
e.
from committing any acts of false designation of origin against
23
Plaintiff relating to the unauthorized use of the CHRIS BOSH name;
24
f.
from diluting the CHRIS BOSH name;
25
g.
from interfering with or unfairly competing with Plaintiff in any
26 27 28
manner whatsoever 2.
It is further ORDERED that Defendant Luis Zavala immediately disable
and transfer the CHRISBOSH.COM domain name to Plaintiff Christopher Bosh. 2 [PROPOSED] AMENDED ORDER RE DEFAULT JUDGMENT
Case 2:08-cv-04851-FMC-MAN
1
Page 3 of 3
Should Defendant Luis Zavala fail to disable and transfer the
CHRISBOSH.COM domain name to Plaintiff Christopher Bosh within three (3) court
3
days from the mailing of this Order, it is ordered that the registrar of record, currently
4
Rebel.com, immediately transfer the CHRISBOSH.COM domain name to Plaintiff
5
Christopher Bosh and allow Plaintiff Christopher Bosh to transfer the
6
CHRISBOSH.COM domain name to the registrar of Plaintiff Christopher Bosh’s
7
choice.
9
333 South Grand Avenue Los Angeles, CA 90071-1543
Filed 04/07/2009
2
8
Winston & Strawn LLP
3.
Document 19
4.
Should the registrar of record fail to disable and transfer the
CHRISBOSH.COM domain name to Plaintiff Christopher Bosh within forty-eight
10
(48) hours of Plaintiff’s request whether because Defendant Luis Zavala has
11
transferred the CHRISBOSH.COM domain name to another registrar, or otherwise, it
12
is ordered that the operator of the “.com” top-level domain, Verisign, Inc.,
13
immediately disable the CHRISBOSH.COM domain name by changing the
14
nameserver entries to nameserver entries designated by Plaintiff Christopher Bosh and
15
transfer the CHRISBOSH.COM domain name to Plaintiff’s registrar of choice.
16 17
The Court shall retain jurisdiction over this action to the extent necessary to enforce and interpret the injunctive relief granted.
18 19 20
DATED: April 7, 2009
21
Honorable Florence-Marie Cooper United States District Court
22 23 24 25 26 27 28 3 LA:229948.2 LA:229948.1
[PROPOSED] AMENDED ORDER RE DEFAULT JUDGMENT
1 2 3 4 5
9
Attorneys for Plaintiff CHRISTOPHER BOSH
10 11 12
Page 1 of 3
Mark L. Smith (SBN: 213829) [email protected] WINSTON & STRAWN LLP 333 South Grand Avenue, 38th Floor Los Angeles, CA 90071-1543 Telephone: 213-615-1700 Facsimile: 213-615-1750
8
7
333 South Grand Avenue Los Angeles, CA 90071-1543
Filed 04/07/2009
Ronald Y. Rothstein (Admitted Pro Hac Vice) [email protected] WINSTON & STRAWN LLP 35 W. Wacker Drive Chicago, Illinois 60601 Telephone: 312-558-5600 Facsimile: 312-558-5700
6
Winston & Strawn LLP
Document 19
IN THE UNITED STATE DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
CHRISTOPHER BOSH, an individual, ) ) Plaintiff, ) ) vs. ) ) LUIS ZAVALA, an individual, and ) HOOPOLOGY.COM ) ) Defendants. ) ) )
Case No. 2:08-cv-04851-FMC-MANx AMENDED ORDER GRANTING DEFAULT JUDGMENT The Honorable Florence-Marie Cooper
THE COURT has reviewed the Application of Plaintiff Christopher Bosh for default judgment against Defendant Luis Zavala. The Court has considered all of the evidence submitted in connection with Bosh's Application. More than 20 days have passed since service of the Summons and Complaint upon Zavala, and Zavala has failed to plead or otherwise defend as provided by the Federal Rules of Civil Procedure. Zavala is not in military service and is not an infant or incompetent person. Bosh provided written notice to Zavala of this Application 1 [PROPOSED] AMENDED ORDER RE DEFAULT JUDGMENT
Case 2:08-cv-04851-FMC-MAN
1 2
Page 2 of 3
consistent with Local Rule 55-2. NOW, THEREFORE, it is ORDERED that default judgment is entered against Defendant Zavala and in favor of Plaintiff Bosh and that Bosh recover from Zavala
4
statutory damages in the amount of $100,000.00, prejudgment interest thereon based
5
on an annual rate of ten percent, which amounts to $27.40 a day from July 7, 2008 to
6
the date of entry of judgment herein, attorney's fees pursuant to Local Rule 55-3 in the
7
amount of $5,600.00, and costs in the amount of $1,420.02.
9 10
It is further ORDERED that Zavala and each of his agents, servants, employees and attorneys, and those persons in active concert or participation with Zavala are perpetually permanently enjoined and restrained:
11 333 South Grand Avenue Los Angeles, CA 90071-1543
Filed 04/07/2009
3
8
Winston & Strawn LLP
Document 19
a.
from using the CHRIS BOSH name or any word, words, symbol,
12
symbols, phrase or term confusingly similar thereto alone or prominently displayed in
13
promotional material, advertisements, web pages, signs, or in any other way in
14
connection with the advertising, distribution, offering for sale of products or services
15
not emanating from or authorized by Plaintiff;
16
b.
from displaying as part of any domain name, in labels,
17
promotional material, advertisements, signs or in any other way the CHRIS BOSH
18
name or any word, words, symbol, symbols, phrase or term confusingly similar
19
thereto in connection with the sale of products or services;
20
c.
from cybersquatting on the CHRIS BOSH name;
21
d.
from infringing the CHRIS BOSH name;
22
e.
from committing any acts of false designation of origin against
23
Plaintiff relating to the unauthorized use of the CHRIS BOSH name;
24
f.
from diluting the CHRIS BOSH name;
25
g.
from interfering with or unfairly competing with Plaintiff in any
26 27 28
manner whatsoever 2.
It is further ORDERED that Defendant Luis Zavala immediately disable
and transfer the CHRISBOSH.COM domain name to Plaintiff Christopher Bosh. 2 [PROPOSED] AMENDED ORDER RE DEFAULT JUDGMENT
Case 2:08-cv-04851-FMC-MAN
1
Page 3 of 3
Should Defendant Luis Zavala fail to disable and transfer the
CHRISBOSH.COM domain name to Plaintiff Christopher Bosh within three (3) court
3
days from the mailing of this Order, it is ordered that the registrar of record, currently
4
Rebel.com, immediately transfer the CHRISBOSH.COM domain name to Plaintiff
5
Christopher Bosh and allow Plaintiff Christopher Bosh to transfer the
6
CHRISBOSH.COM domain name to the registrar of Plaintiff Christopher Bosh’s
7
choice.
9
333 South Grand Avenue Los Angeles, CA 90071-1543
Filed 04/07/2009
2
8
Winston & Strawn LLP
3.
Document 19
4.
Should the registrar of record fail to disable and transfer the
CHRISBOSH.COM domain name to Plaintiff Christopher Bosh within forty-eight
10
(48) hours of Plaintiff’s request whether because Defendant Luis Zavala has
11
transferred the CHRISBOSH.COM domain name to another registrar, or otherwise, it
12
is ordered that the operator of the “.com” top-level domain, Verisign, Inc.,
13
immediately disable the CHRISBOSH.COM domain name by changing the
14
nameserver entries to nameserver entries designated by Plaintiff Christopher Bosh and
15
transfer the CHRISBOSH.COM domain name to Plaintiff’s registrar of choice.
16 17
The Court shall retain jurisdiction over this action to the extent necessary to enforce and interpret the injunctive relief granted.
18 19 20
DATED: April 7, 2009
21
Honorable Florence-Marie Cooper United States District Court
22 23 24 25 26 27 28 3 LA:229948.2 LA:229948.1
[PROPOSED] AMENDED ORDER RE DEFAULT JUDGMENT
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