Opinion
Case No. 2:10-cv-00043-KJD-PAL
10-21-2011
MINE O'MINE, INC., a Nevada corporation, Plaintiff, v. MICHAEL D. CALMESE, an individual; TRUE FAN LOGO, INC., a business of unknown origin; Defendants.
MICHAEL J. McCUE LEWIS AND ROCA LLP JENNIFER K. CRAFT GORDON SILVER Attorneys for Plaintiff
MICHAEL J. McCUE
LEWIS AND ROCA LLP
JENNIFER K. CRAFT
GORDON SILVER
Attorneys for Plaintiff
ORDER ENTERING FINAL JUDGMENT
Presently before the Court is Plaintiff's Motion For Judgment Under Fed. R. Civ. P. 54(B) And Conditional Motion For Dismissal Of Remaining Claims. On July 12, 2011, the Court entered summary judgment in favor of Plaintiff Mine O'Mine, Inc. ("MOM") on: (1) its claims for trademark infringement (Claim I) and unfair competition (Claims II and V); and (2) Defendant Michael Calmese's and True Fan Logo, Inc.'s counterclaims for trademark infringement, unfair competition and defamation. (Docket #66). In addition, the Court entered summary judgment in favor of Defendants on MOM's right of publicity claim (Count VI). (Docket #66) The sole remaining claims are MOM's claims for cybersquatting (Count IV) and trademark dilution (Count V). (Docket #1).
Finding that there is no just reason for delaying entry of final judgment on the claims decided on summary judgment, the Court hereby grants Plaintiff's motion and orders as follows:
A. Judgment shall be entered in favor of MOM and against Defendants Michael Calmese and True Fan Logo, Inc. on MOM's claims for trademark infringement (Count I) and unfair competition (Count II and IV) and on all of the Defendants' counterclaims.
B. Judgment shall be entered in favor of Defendants on MOM's claim for violation of the right of publicity (Count VI).
C. Based on MOM's prevailing on its claims for trademark infringement and unfair competition, the Court hereby permanently enjoins Defendants and their respective officers, agents, servants, employees and/or all persons acting in concert or participation with them from using the SHAQTUS mark, <shaqtus,com> domain name, <shaqtus.net> domain name, and any other marks or domain names confusingly similar to any of the SHAQ Marks, as defined in the Complaint, alone or in combination with any other letters, words, letter strings, phrases or designs, in commerce or in connection with any goods or services. The Court further orders that the current domain name registrar or registry transfer the <shaqtus.net> domain name registration to MOM.
D. The Court hereby dismisses MOM's claims for cybersquatting (Count IV) and trademark dilution (Count V) and its request for monetary relief on all claims.
IT IS SO ORDERED.
Kent J. Dawson
United States District Judge