Opinion
CV 21-07521-RSWL-DFMx
12-15-2021
OPTIMIST, INC., a California Corporation, Plaintiff, v. PROACTIVE MEASURES LLC; and DOES 1 to 10, Defendants.
JUDGMENT
Ronald S.W. Lew Senior U.S. District Judge
WHEREAS, on October 20, 2021, the Court Clerk entered default against Defendant Proactive Measures LLC ("Defendant") [15], pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, WHEREAS, this Court GRANTED in part and DENIED in part Plaintiff Optimist, Inc.'s ("Plaintiff") Motion for Default Judgment [16], IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of Plaintiff and against Defendant, in accordance with this Court's previous Order granting in part and denying in part Plaintiff's Motion for Default Judgment, as follows:
1. Plaintiff is awarded monetary damages in the amount of $5,000.00. Attorneys' fees are awarded to Plaintiff in the amount of $700.00, and costs are awarded to Plaintiff in the amount of $402.00.
2. The Court GRANTS Plaintiff's request for declaratory relief and DECLARES that Plaintiff has priority of use of its Marks over Defendant's use of Defendant's Mark.
As no Defendants remain, the Clerk shall close this matter.
IT IS SO ORDERED.