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