Opinion
Case No.: 2:11-CV-0827 KJD-CWH
03-08-2013
GNLV, Corp., a Nevada corporation, Plaintiff, v. Kanter Associates SA, a corporation, Defendant.
LAURI S. THOMPSON, ESQ. LARAINE BURRELL, ESQ. SHAUNA WELSH, ESQ. GREENBERG TRAURIG, LLP Counsel for Plaintiff, GNLV, Corp.
LAURI S. THOMPSON, ESQ.
LARAINE BURRELL, ESQ.
SHAUNA WELSH, ESQ.
GREENBERG TRAURIG, LLP
Counsel for Plaintiff, GNLV, Corp.
ORDER GRANTING GNLV,
CORP.'S APPLICATION FOR DEFAULT
JUDGMENT AND AWARD OF
ATTORNEYS' FEES AND COSTS
AGAINST DEFENDANT KANTER
ASSOCIATES SA
UPON CONSIDERATION of Plaintiff GNLV, Corp.'s ("GNLV" or "Plaintiff") Application for Default Judgment and Award of Attorneys' Fees and Costs Against Defendant Kanter Associates SA, the accompanying memorandum of points and authorities, the record in this action and for other good cause shown:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment is entered in favor of Plaintiff GNLV, Corp. and against Defendant Kanter Associates SA on all counts of Plaintiff's complaint.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED a permanent injunction is GRANTED which prohibits Defendant from using any of Plaintiff's GOLDEN NUGGET trademarks or confusingly similar variations thereof in commerce (including, but not limited to, Defendant's web sites and in domain names) and from registering, owning, leasing or selling any domain names containing Plaintiff's trademarks or any confusingly similar variations thereof, including an order that the current registrar transfer the <thegoldennugget.com> domain name to Plaintiff.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant Kanter Associates SA shall pay Plaintiff the sum of $6,115.00 in attorneys' fees and costs incurred by GNLV through January 1, 2013 in the prosecution of this matter.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant Kanter Associates SA shall pay Plaintiff the sum of $100,000.00 as statutory damages resulting from Defendant's willful trademark infringement of Plaintiff's Marks.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant Kanter Associates SA shall pay prejudgment accrued interest at 5.25% through judgment and post-judgment interest at the statutory rate equivalent to the weekly 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceeding the date of judgment.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that jurisdiction is reserved to award Plaintiff further attorneys' fees and costs incurred in the prosecution and defense of this matter after Default Judgment has been entered.
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UNITED STATES DISTRICT JUDGE