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AUTOMOTIVE TECHNOLOGIES, INC. v. WIRELESS ZONE

United States District Court, Northern District of California


April 23, 2003

AUTOMOTIVE TECHNOLOGIES, INC., PLAINTIFF,
v.
WIRELESS ZONE, INC., WIRELESS DEPOT, INC., THINK WIRELESS, INC., AND MUSTAFA AZIZ MOHAMMAD (A/K/A STEVE AZIZ, STEVE I. AZIZ, STEVE IBRAHIM AZIZ, AND STEVE I. IBRAHIM), DEFENDANTS.

The opinion of the court was delivered by: Susan Illston, United States District Judge.

ORDER FOR INJUNCTIVE RELIEF, AND PAYMENT OF FEES AND COSTS; and JUDGMENT THEREON
Plaintiff Automotive Technologies, Inc.'s Application for Default Judgment by this Court, with supporting papers, came on for hearing on April 18, 2003. Defendant did not appear.

The Court, after full consideration of the evidence, declarations submitted, and arguments of counsel, and good cause appearing therefor, hereby GRANTS Plaintiffs Application for Default Judgment. The following permanent injunctive relief is ORDERED AND ADJUDGED:

1. Defendants Wireless Zone, Inc., Wireless Depot, Inc., Think Wireless, Inc. and Mustafa Aziz Mohammad (a/k/a Steve Aziz, Steve I. Aziz, Steve Ibrahim Aziz, and Steve I. Ibrahim), their shareholders, officers, agents, servants, employees, attorneys, and all others in active concert or participation with them, are ENJOINED from, directly or indirectly, using in any manner (including, without limitation, in any and all signs, printed or written goods or materials, advertising, electronic communications or solicitations, or oral communications or solicitations) the WIRELESS ZONE Marks (which include, without limitation, the marks registered at U.S. Trademark Registration Nos. 2,229,274, 2,336,387, 2,473,095, 2,550,880, 2,568,161 and 2,580,730);
2. Defendants Wireless Zone, Inc. Wireless Depot, Inc., Think Wireless, Inc. and Mustafa Aziz Mohammad (a/k/a Steve Aziz, Steve I. Aziz, Steve Ibrahim Aziz, and Steve I. Ibrahim), their shareholders, officers, agents, servants, employees, attorneys, and all others in active concert or participation with them, are ENJOINED from, directly or indirectly, using in any manner (including, without limitation, in any and all signs, printed or written goods or materials, advertising, electronic communications or solicitations, or oral communications or solicitations) any indicia that are likely to cause confusion, mistake, or deception with respect to either the source or origin of Defendants' goods and services or Plaintiff Automotive Technologies, Inc.'s rights and the rights of its authorized "Wireless Zone" franchisees in the WIRELESS ZONE Marks; and
3. Wireless Zone, Inc. Wireless Depot, Inc., Think Wireless, Inc. and Mustafa Aziz Mohammad (a/k/a Steve Aziz, Steve I. Aziz, Steve Ibrahim Aziz, and Steve I. Ibrahim), their shareholders, officers, agents, servants, employees, attorneys, and all others in active concert or participation with them, are ENJOINED from, directly or indirectly, otherwise infringing upon the WIRELESS ZONE Marks, and competing unfairly with Plaintiff Automotive Technologies, Inc. and its authorized "Wireless Zone" franchisees.
IT IS FURTHER ORDERED AND ADJUDGED that defendants Wireless Zone, Inc., Wireless Depot, Inc., Think Wireless, Inc. and Mustafa Aziz Mohammad (a/k/a Steve Aziz, Steve I. Aziz, Steve Ibrahim Aziz, and Steve I. Ibrahim), jointly and severally, shall forthwith pay to plaintiff Automotive Technologies, Inc. the amount of $12,314.00 for plaintiff Automotive Technologies, Inc.'s reasonable attorney's fees, costs, interest, and other expenses as allowed by 15 U.S.C. § 1117(a).

IT IS SO ORDERED AND ADJUDGED.

20030423

© 1992-2003 VersusLaw Inc.



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