1 JS-6 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 SOUTHERN DIVISION 12
13 ENTREPRENEUR MEDIA, INC., CASE NO. 8:21-cv-00644-DOC-(JDEx) a California corporation, 14 Plaintiff, ORDER AND JUDGMENT 15 GRANTING APPLICATION FOR v. DEFAULT JUDGMENT AGAINST 16 DEFENDANT ORIGINAL BUSINESS ANTHONY J. ALFONSO, an MEDIA, LLC. [24] 17 individual; ORIGINAL BUSINESS MEDIA, LLC, a Missouri limited Judge: Hon. David O. Carter 18 liability company; and DOES 1-10, Date: July 19, 2021 Time: 8:30 a.m. 19 Defendants. Location: Courtroom 9D 20 21 22 23 24 25 26 27 28 1 Upon consideration of Plaintiff Entrepreneur Media, Inc.’s (“EMI”) 2 Application for Entry of Default Judgment against Defendant Original Business
3 Media, LLC (the “Application”) and all supporting documents and pleadings of
4 record, and good cause appearing therein, the Court hereby ORDERS that the
5 Application is GRANTED, and finds as follows:
6 I. DEFAULT JUDGMENT
7 Federal Rule of Civil Procedure 55(b)(2) provides that a court may enter
8 default judgment and, if necessary to effectuate judgment, conduct an accounting,
9 determine the amount of damages, establish the truth of any allegation by
10 evidence, or investigate any other matter. While the decision to grant or deny an
11 application for default judgment is within the Court’s discretion, “[i]n applying
12 th[e] discretionary standard, default judgments are more often granted than
13 denied.” PepsiCo v. Triunfo-Mex, Inc., 189 F.R.D. 431, 432 (C.D. Cal. 1999).
14 Courts are guided by the following factors when determining whether to grant
15 default judgment: (1) the possibility of prejudice to the plaintiff, (2) the merits of
16 plaintiff’s substantive claim and the sufficiency of the complaint, (3) the sum of
17 money at stake in the action, (4) the possibility of a dispute concerning material
18 facts and whether the default was due to excusable neglect, and (5) the likelihood
19 of obtaining a decision on the merits, which is favored. Eitel v. McCool, 782 F.2d
20 1470, 1471-72 (9th Cir. 1986). A plaintiff establishes trademark infringement or
21 unfair competition by demonstrating that it has a protectable interest in the
22 infringed mark, and the defendant’s use of the mark is “likely to cause consumer
23 confusion.” Network Automation, Inc. v. Advanced Sys. Concepts, 638 F.3d 1137,
24 1144 (9th Cir. 2011).
25 Here, the enumerated factors weigh heavily in favor of granting default
26 judgment and awarding the requested relief. EMI has complied with the
27 procedural requirements for default judgment, including securing the entry of
28 default against Defendant Original Business Media, LLC (“Defendant”). As 1 || discussed below, Defendant has infringed EMI’s strong and distinctive marks and 2 || shows no signs of abating. Because all allegations, except for those pertaining to 3 | damages, are taken as true once the Court Clerk enters default, there is no 4 || possibility of a dispute concerning the material facts. See Derek Andrew, Inc. v. 5 | Poof Apparel Corp., 528 F.3d 696, 702 (9th Cir. 2008). Further, there is no 6 | evidence of excusable neglect in the record, in particular since EMI made 7 | Defendant aware of the action by properly serving court documents on Defendant. 8 | Finally, while cases should be decided on the merits whenever possible, 9 || Defendant’s failure to defend this action has made a decision on the merits 10 || impractical, if not impossible. Elektra Entm’t Grp. Inc. v. Crawford, 226 F.R.D. 11 || 388, 392 (C_D. Cal. 2005). 12/11. EMIl’S TRADEMARK RIGHTS 13 EMI owns the following valid U.S. trademark registrations (collectively, 14 || “EMI Marks”): 15 TRADEMARK CLASS: GOODS/SERVICES REG. NO. REG. DATE 16 || ENTREPRENEUR | 16: Paper goods and printed matter; namely 1,453,968 magazines, books, and published reports pertaining to August 25, 17 business opportunities 1987 18 ENTREPRENEUR | 35: Advertising and business services, namely, 2,263,883 arranging for the promotion of the goods and services | July 27, 1999 19 of others by means of a global computer network and other computer online services providers; providing 20 business information for the use of customers in the field of starting and operating small businesses and 21 permitting customers to obtain information via a global computer network and other computer online service providers; and web advertising services, namely, 3 providing active links to the websites of others ENTREPRENEUR | 35: Arranging and conducting trade show exhibitions 2,502,032 24 in the field of entrepreneurial activities, namely, the October 30, start-up and operation of small business enterprises 2001 25 41: Educational services, namely, conducting seminars on the development and operation of businesses, and conducting workshops on computer technology, a7 telecommunications, marketing, financing options, real estate management, tax planning, and insurance 28 CASE NO. 8:21-cv-00644-DOC-J 2 ORDER AND JUDGMENT □□□□□□□
> REG. DATE ENTREPRENEUR | 38: Streaming of video and digital material on the 4,260,948 2012 4 ENTREPRENEUR | 9: Downloadable computer software and software for 4,345,424 mobile devices for the reproduction, display, and June 4, 2013 5 distribution of digitized content 6 ENTREPRENEUR | 9: Pre-recorded audio and audiovisual recordings of $,256,907 7 programs concerning strategies and other how-to August 1, information about starting and successfully operating 2017 8 businesses, successful business owners and other 9 information of interest to business owners and members of the general public interested in owning 10 and operating a business, in the form of downloadable recordings ll 38: Streaming of audiovisual and multimedia content via the internet; transmission and delivery of 12 audiovisual and multimedia content via the internet; B video-on-demand transmission services; mobile media services in the nature of electronic transmission, 14 wireless broadcasting and electronic delivery of audio, video and multimedia entertainment content, namely, 15 text, data, images, audio, video, and audiovisual files provided via the internet; video broadcasting services 16 over the internet or other communications network, 17 namely, electronically transmitting video clips; internet broadcasting services; providing streaming of audio 18 and video in the nature of programs concerning strategies and other how-to information about starting 19 and successfully operating businesses, successful business owners and other information of interest to 20 business owners and members of the general public 71 interested in owning and operating a business, namely, audio, visual, and audiovisual matter for others via 22 global computer networks; broadcasting and transmission of analog television, digital television, 23 cable television, satellite television, pay television, interactive television, radio, and internet programs; 24 broadcasting of internet programs via radio and 5 television; broadcasting of programs provided over the internet; streaming audio, video, and audiovisual 26 content, data and information on the Internet, communications networks and wireless 27 telecommunications networks: providing video on- demand transmission of audio, video and audiovisual 28 content, data and information; transmission of audio, CASE NO. 8:21-cv-00644-DOC-J 3 ORDER AND JUDGMENT □□□□□□□
1 TRADEMARK CLASS: GOODS/SERVICES REG. NO. > REG. DATE video and audiovisual content, data and information on 3 the Internet, communications networks and wireless telecommunications networks. 4 41: Entertainment services, namely, the production, presentation, distribution and syndication of on-going 5 television, internet and non-downloadable audio and 6 audiovisual recordings, all of the aforementioned concerning strategies and other how-to information 7 about starting and successfully operating businesses, successful business owners and other information of 8 interest to business owners and members of the general public interested in owning and operating a business 9 ENTREPRENEUR | 25: Clothing, namely, shirts; fleece pullovers; 4,690,619 10 pullovers; shirts; short-sleeved or long-sleeved t-shirts; | February 24, short-sleeved shirts; T-shirts; Headgear, namely, hats, 2015 caps. ENTREPRENEUR | 35: Online ordering services featuring printed and 4,612,937 12 BOOKSTORE electronically downloadable publications, namely, September 30, B books, study guides, legal and business forms, and 2014 newsletters, concerning advice and information 14 relating to starting and operating a business and other topics concerning and of interest to entrepreneurs, new 15 and existing businesses, and members of the general public 16 || ENTREPRENEUR | 9: Downloadable audio and videos featuring 5,023,413 17 COACHING professional coaching and mentoring services provided | August 16, to groups and on a one-on-one basis in the field of 2016 18 business, namely, providing advice and information about how to start and successfully run a business; 19 Downloadable software in the form of mobile 0 applications for smart phones and tablets featuring professional coaching and mentoring services provided to groups and on a one-on-one basis in the field of business, namely, providing advice and information 22 about how to start and successfully run a business 35. Providing advice and information about how to 23 start and successfully run a business 41: Professional coaching and mentoring services 24 provided to groups and on a one-on-one basis in the 5 field of how to start and successfully run a business. ENTREPRENEUR | 16: Paper goods and printed matter, namely, books, 3,470,064 26 PRESS manuals, prepared reports, work books, study guides, July 22, 2008 legal and business forms, and newsletters concerning 27 advice and information relating to the subjects of 28 starting, running, and operating a business, and individuals who succeeded in business, which subjects CASE NO. 8:21-cv-00644-DOC-J 4A ORDER AND JUDGMENT □□□□□□□
1 CLASS: GOODS/SERVICES REG. NO. REG. DATE 2 are of interest to entrepreneurs, new and existing 3 businesses, and members of the general public 4 16: Paper goods and printed matter, namely, books, 3,470,063 5 Ep manuals, prepared reports, work books, study guides, July 22, 2008 Entrepreneur legal and business forms, and newsletters concerning 6 Prose advice and information relating to the subjects of starting, running and operating a business, and 7 individuals who succeeded in business, which subjects are of interest to entrepreneurs, new and existing 8 businesses, and members of the general public 9 ENTREPRENEUR’S | 9: Downloadable computer software and software for 4,532,577 STARTUPS mobile devices for the reproduction, display, May 20, 2014 10 distribution, and sharing of digitized content; downloadable electronic publications, namely, 11 magazines in the fields of business, finance, sales, D marketing, current events, lifestyle issues, and developments in science and technology 13 || ENTREPRENEUR’S | 16: Paper goods and printed matter; namely, 3,204,899 STARTUPS magazines, books, booklets, and published reports February 6, 14 pertaining to business opportunities 2007 15 ENTREPRENEUR | 16: Annual featured issue of magazine featuring the 5,052,999 360 achievements of successful non-franchise and October 4, 16 privately-owned businesses and publications related 2016 thereto, providing information and incentive to others 17 to pursue excellence in business pursuits by presenting awards on an annual basis, and promoting award 18 recipients and providing recognition by the way of 19 awards to demonstrate excellence in the field of business. 20 35: Advertising and business services, namely, arranging for the promotion of the goods and services 21 of others by means of a global computer network and other computer online services providers; providing 22 business information to customers in the field of 23 starting and operating non-franchise and privately- owned businesses by means of a global computer I4 network and other computer online service providers; advertising services, namely, providing advertising 25 space in a magazine featuring news and information concerning the field of non-franchise and privately- 26 owned businesses; providing statistics, ratings, and 27 rankings and other information capable of being updated on a continuing basis through an interactive 28 database and about businesses which are not franchises CASE NO. 8:21-cv-00644-DOC-J 5 ORDER AND JUDGMENT □□□□□□□
> REG. DATE and are privately-owned. 3 41: Recognizing the achievements of successful non- franchise and privately-owned businesses and 4 providing incentive to others to pursue excellence in business pursuits by presenting a wards on an annual 5 basis and promoting award recipients; providing 6 recognition by the way of awards to demonstrate excellence in the field of business; arranging and 7 conducting educational conferences; educational services, namely, developing, arranging, and 8 conducting educational conferences and programs and providing courses of instruction in the field of business 9 administration and management 10 ENTREPRENEUR | 9: Downloadable digital books in the nature of e- 5,854,545 VOICES books, namely, a downloadable series of non-fiction e- | September 10, ll books featuring the unique voices of thought leaders, 2019 topic experts, small business owners and entrepreneurs, 12 who share their definitive and unique perspectives on various hot and trending topics of interest to 13 entrepreneurs, new and existing business owners and 14 members of the general public, including inspirational stories and timeless advice 15 16: Paper goods and printed matter, namely, a series of non-fiction books featuring the unique voices of 16 thought leaders, topic experts, small business owners and entrepreneurs, who share their definitive and 17 unique perspectives on various hot and trending topics 18 of interest to entrepreneurs, new and existing business owners and members of the general public, and 19 inspirational stories and timeless advice 20 YOUNG 38: Streaming of video and digital material on the 4,387,158 ENTREPRENEUR | Internet August 20, 2013 22 || ENTREPRENEUR | 41: Custom publishing services, namely, developing 6,127,326 AUTHORS and editing content for others, and publishing that August 18, 23 content in the form of print, digital and audio books 2020 74 and other literary works. 25 Additionally, EMI’s registration numbers 1,453,968; 2,263,883; 2,502,032; 26 || 4,260,948; 4,345,424: and 4,690,619 for the ENTREPRENEUR® mark are 27 | incontestable. 28 The federal registrations for the EMI Marks constitute prima facie evidence CASE NO. 8:21-cv-00644-DOC-J 6 ORDER AND JUDGMENT □□□□□□□
1 that the marks are valid and owned by EMI. 15 U.S.C. § 1115(a). Moreover, the 2 incontestable registrations for the EMI Marks noted above constitute “conclusive
3 evidence” of the validity of those registered marks, EMI’s ownership of those
4 marks, and EMI’s “exclusive right to use the mark[s] in commerce.” 15 U.S.C. §
5 1115(b).
6 Further, other courts have already recognized the validity and strength of the
7 EMI Marks, including the ENTREPRENEUR® Mark, and this Court concurs with
8 those decisions. For example, the U.S. District Court for the Central District of
9 California held that: (1) “[t]he extensive advertising and public recognition over
10 the past 25 years have established [the ENTREPRENEUR® mark] as a strong
11 mark in the industry;” (2) the ENTREPRENEUR® mark “is a strong distinctive
12 mark, deserving of significant protection;” and (3) the ENTREPRENEUR® mark
13 “has acquired secondary meaning.” Entrepreneur Media, Inc. v. Smith, No. 98-
14 3607, 2004 U.S. Dist. Lexis 24078, at *9-10, 13 (C.D. Cal. June 23, 2004). The
15 Ninth Circuit reviewed the District Court’s findings and affirmed them on appeal.
16 Entrepreneur Media, Inc. v. Smith, 101 Fed. Appx. 212 (9th Cir. 2004).
17 Similarly, the U.S. District Court for the District of Connecticut recognized
18 that “the EMI Marks, and in particular the ENTREPRENEUR Mark, have acquired
19 extensive goodwill, developed a high degree of distinctiveness and secondary
20 meaning, and become well known and recognized as identifying goods and
21 services that originate from EMI, such that they are deserving of strong
22 protection.” Entrepreneur Media, Inc. v. Whitehill et al., No. 13-cv-01819, Dkt.
23 No. 19 (D. Conn. Aug. 19, 2015).
24 Both a Magistrate Judge and District Court judge in the Eastern District of
25 Virginia found the ENTREPRENEUR® mark to be distinctive, and the U.S.
26 District Court for the District of Maryland recognized the EMI Marks as valid,
27 strong, and distinctive. Entrepreneur Media, Inc. v. seattleentrepreneur.com, Dkt.
28 No. 11-00409, 2011 U.S. Dist. Lexis 139817, at *3-5 (E.D. Va. Dec. 6, 2011); 1 Entrepreneur Media, Inc. v. JMD Entertainment Group, LLC, et al, 958 F. Supp. 2 2d 588, 594-596 (D. Md. 2013).
3 EMI has also developed extensive common law rights in the EMI Marks
4 through consistent, widespread use of the marks throughout the United States.
5 EMI and its predecessor companies have used the ENTREPRENEUR® mark for
6 over forty years to publish magazines and books that provide editorial content and
7 other information, as well as offer products and services related or of interest to
8 businesses, business owners, and prospective business owners. EMI’s
9 ENTREPRENEUR® magazine has a paid circulation, including both subscriptions
10 and single copy sales, of more than 513,000 in the United States and worldwide.
11 ENTREPRENEUR® magazine routinely features articles about and interviews with
12 some of the biggest names in the business and entertainment community. EMI has
13 also published over 200 books (and multiple e-books) under the
14 ENTREPRENEUR® and ENTREPRENEUR PRESS marks, and it has conducted
15 numerous seminars, workshops, and other educational events, many of which are
16 sponsored by household names, such as Cathay Pacific and Nissan, American
17 Airlines, Canon USA, The Lincoln Motor Company, and AXA Financial.
18 EMI also owns and operates several websites, such as entrepreneur.com and
19 entrepreneurnetwork.com, and various social media channels and mobile apps to
20 promote its goods and services. The entrepreneur.com website has recently
21 averaged more than fourteen million unique visitors and more than thirty-six
22 million page views per month. EMI has also launched apps for iPhones, iPads, and
23 Android. EMI offers a variety of podcasts, including a podcast offered through
24 entrepreneur.com, and a podcast under the ENTREPRENEUR mark on iTunes, as
25 well as other outlets. EMI’s fame and high-quality content and services have
26 resulted in numerous co-branding business relationships with the top names in
27 sports, news, and business, such as General Motors, Canon USA, CNBC, Reuters,
28 The NFL Players Association, Business Insider, Princeton Review, Great Place to 1 Work®, Palo Alto Software, and SeamlessDocs. 2 Therefore, EMI not only owns valid marks, but the EMI Marks, including
3 the ENTREPRENEUR® mark, have acquired extensive goodwill, developed a high
4 degree of distinctiveness, and become famous, well known, and recognized as
5 identifying goods and services that originate from EMI such that they are
6 deserving of strong protection.
7 III. DEFENDANT’S INFRINGEMENT OF EMI’S TRADEMARK
8 RIGHTS
9 Defendant uses the ENTREPRENEUR AFFILIATES MASTERY and
10 ENTREPRENEUR AFFILIATES marks in commerce to offer, among other
11 things, training and coaching services for affiliate marketing to consumers.
12 Defendant markets its goods and services through its website at
13 entrepreneuraffiliatesmastery.com, as well as through several social media
14 accounts, including Facebook (www.facebook.com/groups/1178345028933915)
15 and YouTube (www.youtube.com/channel/UCMil4GDm_pmI4UQN4MHz3Lg/
16 videos) (collectively, the “Social Media Accounts”).
17 Defendant’s ENTREPRENEUR AFFILIATES MASTERY and
18 ENTREPRENEUR AFFILIATES marks are likely to cause consumer confusion
19 with the EMI Marks based on an examination of the relevant Sleekcraft factors,
20 which are (1) the strength of EMI’s marks; (2) the similarity of the marks; (3) the
21 proximity of the parties’ goods; (4) the identical marketing channels used; and
22 (5) Defendant’s intent in selecting its marks. AMF, Inc. v. Sleekcraft Boats, 599
23 F.2d 341, 353 (9th Cir. 1979); see also Network Automation, Inc. v. Advanced Sys.
24 Concepts, 638 F.3d 1137, 1145 (9th Cir. 2011) (the Sleekcraft factors “are
25 intended as an adaptable proxy for consumer confusion, not a rote checklist.”);
26 Truong Giang Corp. v. Twinstar Tea Corp., No. 06-3594, 2007 U.S. Dist. Lexis
27 100237, at *26 (N.D. Cal. Mar. 22, 2007) (granting default judgment where all but
28 the last three Sleekcraft factors weigh in favor of a likelihood of confusion.); 1 Discovery Commc’ns, Inc. v. Animal Planet, Inc., 172 F. Supp. 2d 1282 (C.D. Cal. 2 2001).
3 First, the EMI Marks, as discussed above, are strong and distinctive marks,
4 especially the famous ENTREPRENEUR® mark.
5 Second, the ENTREPRENEUR AFFILIATES MASTERY and
6 ENTREPRENEUR AFFILIATES marks are closely similar to the
7 ENTREPRENEUR® mark, as they share the leading and dominant “entrepreneur”
8 term. The descriptive and non-source identifying terms “affiliates” and “affiliates
9 mastery” terms do little to distinguish the marks. See La Quinta Worldwide LLC v.
10 Q.R.T.M., S.A. de C.V., 762 F.3d 867, 876 (9th Cir. 2014); E. & J. Gallo Winery v.
11 Gallo Cattle Co., 967 F.2d 1280, 1292 (9th Cir. 1992).
12 Third, EMI and Defendant offer identical goods and services, namely
13 education services and programs, including online training and coaching courses,
14 to the same class of consumers.
15 Fourth, EMI and Defendant offer these goods through the same or similar
16 marketing channels, such as through their respective websites.
17 Fifth, as alleged in the Complaint (which is accepted as true), Defendant has
18 intentionally, knowingly, deliberately, and willfully used its ENTREPRENEUR
19 AFFILIATES MASTERY and ENTREPRENEUR AFFILIATES marks to violate
20 EMI’s trademark rights and trade off EMI’s goodwill and reputation and has
21 refused to cease this infringement.
22 Accordingly, the Court hereby FINDS that: (1) Defendant has infringed
23 EMI’s federally registered trademarks in violation of 15. U.S.C. § 1114;
24 (2) Defendant has created a false designation of origin and false representation of
25 association in violation of 15 U.S.C. § 1125(a); (3) Defendant has infringed EMI’s
26 trademarks in violation of California common law; and (4) Defendant has engaged
27 in common law unfair competition.
28 1 IV. JURISDICTION 2 Courts apply a three-prong test when analyzing specific jurisdiction:
3 “(1) The non-resident defendant must purposefully direct his activities or
4 consummate some transaction with the forum or resident thereof; or perform some
5 act by which he purposefully avails himself of the privilege of conducting
6 activities in the forum, thereby invoking the benefits and protections of its laws;
7 (2) the claim must be one which arises out of or relates to the defendant’s forum-
8 related activities; and (3) the exercise of jurisdiction must comport with fair play
9 and substantial justice, i.e. it must be reasonable.” Schwarzenegger v. Fred Martin
10 Motor Co., 374 F.3d 797, 802 (9th Cir. 2004) (quoting Lake v. Lake, 817 F.2d
11 1416, 1421 (9th Cir. 1987)).
12 Defendant has purposefully directed its activities at California and availed
13 itself of the privileges of conducting business in California. Defendant offers,
14 advertises, markets, and promotes its goods and services through the
15 ENTREPRENEUR AFFILIATES MASTERY and ENTREPRENEUR
16 AFFILIATES marks by providing, among other things, training and coaching
17 services for affiliate marketing to consumers in California. For example,
18 California residents have posted on Defendant’s social media accounts and have
19 reviewed services that they purchased from Defendant. Therefore, Defendant has
20 purposefully interacted with various California businesses and consumers and
21 availed itself of the privileges of conducting business in California. See Facebook,
22 Inc. v. Banana Ads LLC, No. 11-03619, 2013 U.S. Dist. Lexis 65834, at *4 (N.D.
23 Cal. Apr. 30, 2013); see also Panavision Int’l, L.P. v. Toeppen, 141 F.3d 1316,
24 1320 (9th Cir. 1998). Further, EMI’s claims directly arise from Defendant’s
25 activities in the State of California, namely the advertising, targeting, offering,
26 selling, and providing of goods and services under the unauthorized and
27 confusingly similar ENTREPRENEUR AFFILIATES MASTERY and
28 1 ENTREPRENEUR AFFILIATES marks to, inter alia, California residents, all of 2 which directly harmed EMI, a California-based company.
3 Based on this initial showing, “the burden shifts to the defendant to ‘set forth
4 a “compelling case” that the exercise of jurisdiction would not be reasonable.’”
5 See Picot v. Weston, 780 F.3d 1206, 1212 (9th Cir. 2015). Defendant has not
6 overcome this burden or presented any arguments or evidence as to why this Court
7 should not exercise its jurisdiction. Rather, the exercise of jurisdiction is
8 reasonable here as Defendant could likely foresee litigation in California given its
9 interactions with the State and businesses and consumers within the State.
10 CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066 (9th Cir. 2011).
11 Accordingly, the Court hereby FINDS that it has specific jurisdiction over
12 Defendant and may properly enter a default judgment against Defendant.
13 V. INJUNCTIVE RELIEF
14 In consideration of the above and after weighing all appropriate equitable
15 factors applicable to this case, the Court finds that permanent injunctive relief is
16 appropriate because EMI has suffered irreparable injury that cannot be adequately
17 compensated by monetary damages. craigslist v. RealWorks, No. 08-5072, 2009
18 U.S. Dist. Lexis 132432, at *8-9 (N.D. Cal. Oct. 29, 2009). Indeed, Defendant’s
19 lack of response to this lawsuit signals a threat of continued infringement that must
20 be ceased. Philip Morris U.S.A., Inc. v. Castworld Prods., Inc., 219 F.R.D. 494,
21 502 (C.D. Cal. 2003). As Defendant is operating its business in direct violation of
22 the Lanham Act, the balance of hardships strongly tilts in EMI’s favor, and the
23 public’s interest in preventing consumer confusion would be best served by a
24 permanent injunction against such unlawful behavior.
25 Therefore, the Court hereby enters the following PERMANENT
26 INJUNCTION:
27 A. Defendant, and its principals, officers, directors, members, partners,
28 agents, servants, employees, and attorneys, and all other persons acting in concert 1 or participating with them (collectively, “Enjoined Parties”), who receive actual 2 notice of the injunction order by personal or other service, are hereby
3 PERMANENTLY ENJOINED and shall immediately:
4 i. cease all use and never use the ENTREPRENEUR
5 AFFILIATES MASTERY and/or ENTREPRENEUR
6 AFFILIATES marks, the EMI Marks, or any other mark likely
7 to cause confusion with the EMI Marks, including any
8 misspelling or variation of those Marks, (a) in, on, or with any
9 products or services, or (b) in connection with the advertising,
10 marketing, or other promotion, distribution, offering for sale, or
11 sale, of any products or services, including on the Social Media
12 Accounts;
13 ii. never use any false designation of origin, false representation,
14 or any false or misleading description of fact, that can, or is
15 likely to, lead the consuming public or individual members
16 thereof to believe that any products or services produced,
17 offered, promoted, marketed, advertised, provided, sold or
18 otherwise distributed by the Enjoined Parties are in any manner
19 associated or connected with EMI, or are licensed, approved, or
20 authorized in any way by EMI;
21 iii. never (a) represent or suggest in any fashion to any third party,
22 or (b) perform any act that may give rise to the belief, that the
23 Enjoined Parties, or any of their products or services, are related
24 to, or authorized or sponsored by, EMI;
25 iv. never register any domain name that contains any of the EMI
26 Marks or any misspelling or variation of those Marks, or any
27 domain name confusingly similar to any of the EMI Marks;
28 1 v. transfer to EMI all domain names in the Enjoined Parties’ 2 possession, custody, or control that include the word
3 “entrepreneur” or any misspelling or variation thereof, are
4 otherwise confusingly similar to or contain any of the EMI
5 Marks, or are or were used in connection with the Infringing
6 Entrepreneur Marks, including but not limited to the
7 entrepreneuraffiliatesmastery.com domain name;
8 vi. cease all use of the Social Media Accounts and any similar
9 accounts or social media websites, and never register any social
10 media account that contains the ENTREPRENEUR
11 AFFILIATES MASTERY and/or ENTREPRENEUR
12 AFFILIATES marks, any of the EMI Marks, or any misspelling
13 or variation of those Marks;
14 vii. transfer to EMI, disable, or delete the Social Media Accounts
15 used to promote the ENTREPRENEUR AFFILIATES
16 MASTERY and/or ENTREPRENEUR AFFILIATES marks,
17 including all such accounts in the Enjoined Parties’ possession,
18 custody, or control that include the word “entrepreneur” or any
19 misspelling or variation thereof, or are otherwise confusingly
20 similar to or contain any of the EMI Marks;
21 viii. never unfairly compete with EMI in any manner whatsoever, or
22 engage in any unfair, fraudulent, or deceptive business practices
23 that relate in any way to the production, distribution, marketing,
24 and/or sale of products and services bearing any of the EMI
25 Marks or any other mark likely to cause confusion with the
26 EMI Marks, including any misspelling or variation of those
27 Marks; and
28 1 ix. never apply for or seek to register the ENTREPRENEUR 2 AFFILIATES MASTERY and/or ENTREPRENEUR 3 AFFILIATES marks, any of the EMI Marks, or any other mark 4 likely to cause confusion with the EMI Marks, including any 5 misspelling or variation of those Marks. 6 B. The Enjoined Parties shall file with the Court and serve upon EMI’s 7 counsel, within thirty (30) days after service of this Order, a report in writing under 8 oath setting forth in detail the manner and form in which the Enjoined Parties have 9 complied with the Permanent Injunction. 10 D. To give practical effect to the Permanent Injunction, the social 11 networking services or entities (e.g., Facebook and YouTube) related to any of the 12 social media accounts subject to this Order shall, within fourteen (14) days of 13 receipt of the Order, transfer, disable, or otherwise cancel those subject accounts at 14 EMI’s request if the Enjoined Parties have not already done so. 15 E. To give practical effect to the Permanent Injunction, the Registry or 16 Registrar for any of the foregoing domain names shall, within fourteen (14) days of 17 receipt of the Order, transfer or otherwise assign those subject domain names to 18 EMI if the Enjoined Parties have not already done so. 19 VI. COSTS AND ATTORNEYS’ FEES 20 The Court hereby deems EMI to be the prevailing party in this action under 21 15 U.S.C. § 1117(a) and 54(d)(1) of the Federal Rules of Civil Procedure. Further, 22 the Court deems this case to be exceptional under 15 U.S.C. § 1117(a) because of 23 Defendant’s intentional and willful misconduct, as well as its defiance and 24 protraction of the judicial process by not responding or appearing in this matter. 25 Rio Props., Inc. v. Rio Int’l Interlink, 284 F.3d 1007, 1023 (9th Cir. 2002). 26 /// 27 /// 28 /// 1 Accordingly, EMI is hereby provisionally awarded its costs and reasonable 2 attorneys’ fees, and is directed to submit a request for costs and attorneys’ fees in 3 accordance with the procedures and deadlines set forth in Federal Rule of Civil 4 Procedure 54(d) and Local Rule 54. 5 6 No appearances are necessary on July 19, 2021. All pending hearing dates 7 and deadlines are vacated by the Court. 8 9 IT IS SO ORDERED. 10 11 Dated: July 12, 2021 The Honorable David O. Carter 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28