T.R. World Gym-Ip, LLC v. Fitness Management Orlando, Inc.

Full title: T.R. World Gym-IP, LLC and T.R. World Gym, LLC v. Fitness Management…

Court: United States District Court, D. New Hampshire

Date published: Apr 4, 2008

Civil No. 07-cv-358-JM (D.N.H. Apr. 4, 2008)

Opinion

Civil No. 07-cv-358-JM.

April 4, 2008

ORDER

JAMES MUIRHEAD, Magistrate Judge

Having considered plaintiffs T.R. World Gym-IP, LLC's and T.R. World Gym, LLC's ("World Gym") Motion for Permanent Injunction (Doc. no. 15), the Memorandum in support thereof, the Declaration of Christopher J. Rondeau in support thereof, the Declaration of Teresa C. Tucker in support thereof the default judgments entered by the Clerk of this Court on January 29, 2008, the Summons documents, Complaint and proof of service on file herein, and all of the relevant papers and pleadings on file with the Court in this matter, THE COURT ORDERS AS FOLLOWS:

World Gym's Motion for Permanent Injunction against all Defendants is GRANTED.

1. Defendants are jointly and severally liable to World Gym for willful trademark infringement under federal law, 15 U.S.C. § 1114 et seq., for infringing the following federally registered trademarks and service marks: Trademark Registration No. Registration Date

WORLD U.S. Reg. No. August 15, 1995 1,911,887 WORLD GYM U.S. Reg. No. September 7, 1993 1,791,584 WORLD GYM FITNESS U.S. Reg. No. September 27, 1994 CENTER, plus design 1,856,427 WORLD GYM, plus U.S. Reg. No. October 23, 2001 design 2,499,267 WORLD GYM, plus U.S. Reg. No. August 10, 1999 design 2,268,311 WORLD GYM, plus U.S. Reg. No. August 13, 1985 design 1,354,193 WORLD GYM, plus U.S. Reg. No. July 20, 1993 design 1,783,000 2. Defendants are jointly and severally liable to World Gym for false designation of origin, and false description and representation, under federal law, 15 U.S.C. § 1125, et seq.

3. Defendants, their officers, agents, servants, employees, attorneys, and all persons in active concert, privity or participation with them, and each of them individually, without bond, shall be permanently enjoined from doing, abiding, causing or abetting any of the following:

(a) using any trademark, trade name, or domain name comprised of or incorporating "WORLD GYM" or "WORLD" or any term confusingly similar, phonetically similar or that constitutes a misspelling of said term;

(b) using any other mark, trade name, domain name or indicia that is confusingly similar to or likely to dilute the distinctive quality of the WORLD GYM trademarks, including use of said marks as part of domain names, host names or e-mail addresses.

SO ORDERED.