United States District Court, Northern District of California
May 23, 2003
CSL, L.L.C., A FLORIDA LIMITED LIABILITY COMPANY, PLAINTIFF,
MAISON & MARKET SOLUTIONS, INC., A NEW YORK CORPORATION, ETL GROUP, INC., A NEW YORK CORPORATION, AND STEPHAN MALLEZ, AN INDIVIDUAL, DEFENDANTS.
The opinion of the court was delivered by: Charles R. Breyer, United States District Judge
DEFAULT JUDGMENT AND PERMANENT INJUNCTION
ORDER RE: DEFAULT JUDGMENT AND PERMANENT INJUNCTION
On May 20, 2003, the Court entered default of defendants MAISON & MARKET SOLUTIONS, INC., ETL GROUP, INC., and STEPHAN MALLEZ (collectively the "Defendants"). The Court has jurisdiction over the parties and the subject matter.
IT IS HEREBY ORDERED:
(1) Defendants, their directors, officers, employees, agents, attorneys, representatives, and all other persons acting in concert or participation with them, either directly or indirectly, are permanently enjoined from:
(a) using the SWEEPING LOG, CHIMNEY SWEEPING LOG, and
SWEEP LOG marks, or any confusingly similar
variations of these marks including but not limited
to, marks including one or more of the terms
chimney, sweep, or sweeping, for firelogs or any
fireplace or chimney-related goods or services; and
(b) registering or holding any domain names
incorporating the words chimney, sweep, sweeping,
(2) The <chimneysweeping.com>, <chimneysweepinglog.com>, <chimneysweeplog.com>, <sweepinglog.com>, <sweeplog.com>, <cleaninglog.com>, and <chimneycleaninglog.com> domain names shall be transferred to Plaintiff CSL, L.L.C. ("CSL"). Defendants and all those in privity or acting in concert with Defendants, including the registrar Network Solutions, Inc., shall immediately take all necessary actions to effect the transfer of these domain names.
(3) Plaintiffs' motion for costs and attorneys' fees shall be filed within thirty (30) days of entry of this judgment.
IT IS SO ORDERED.
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