United States District Court, S.D. California
September 15, 2005.
TAHITIAN NONI INTERNATIONAL, INC. dba MORINDA, INC., a Utah corporation, Plaintiff,
TRYTAHITIANNONI.COM, an Internet Domain Name, Defendant.
The opinion of the court was delivered by: JOHN HOUSTON, Magistrate Judge
[PROPOSED] ORDER GRANTING DEFAULT JUDGMENT
Plaintiff Tahitian Noni International, Inc.'s ("Plaintiff")
Motion for Entry of Default and Default Judgment against
defendants TRYTAHITIANNONI.COM came on for hearing on September
8, 2005, before this Court.
After full consideration of the evidence and the arguments of
counsel and all other matters presented to the Court, it appears
to the satisfaction of this Court that:
1. This Court has subject matter jurisdiction over this action
pursuant to 28 U.S.C. §§ 1331 and 1338(a) and this Court has in
rem jurisdiction over the domain name at issue in this matter
pursuant to 15 U.S.C. § 1125(d)(2)(A)(ii)(I).
2. On February 4, 2005, OnlineNIC, the registrar of the
TRYTAHITIANNONI.COM domain name deposited control over the domain
name to the Court and specifically noted that the Court had "complete control and
authority over the registration of the TRYTAHITIANNONI.COM domain
name registration record."
3. The owners and operators of the websites which are using the
domain name at issue in this action were served with the summons
and complaint in this action on February 10, 2005 and by
publication, in accordance with this Court's March 16, 2005
Order, on April 3, 2005.
4. Defendants have not appeared in this action.
5. None of the defendants is an infant or incompetent person or
in military service or otherwise exempted under the Soldiers' and
Sailors' Civil Relief Act, 50 U.S.C. § 501, et seq.
6. Notice of the application for default judgment was served on
defendants on June 30, 2005.
7. There is good cause for the entry of default judgment.
Plaintiff is entitled to judgment against defendants for
Cyberpiracy under the Anticybersquatting Consumer Protection Act,
15 U.S.C. § 1125(d).
On the basis of the foregoing findings of fact and conclusions
of law, IT IS HEREBY ORDERED that plaintiff's application for
default judgment is granted and:
1. OnlineNIC is hereby ordered to shut down the
2. OnlineNIC is further ordered to assign all rights in the
TRYTAHITIANNONI.COM domain name to the Plaintiff Tahitian Noni
3. This Court will retain jurisdiction to the extent necessary
to enforce this Order and to determine any issues which may arise
concerning this Order.
IT IS SO ORDERED. PROOF OF SERVICE BY MAIL (1013A, 201.5. C.C.P.)
I am a resident of the United States. I am over the age of
eighteen (18) years and I am not a party to the within entitled
action. My business address is 4445 Eastgate Mall, Suite 200, San
Diego, California 92121.
On September 12, 2005, I served EX PARTE APPLICATION FOR
FILING UNDER SEAL on the interested parties in said action by
placing a true copy thereof enclosed in a sealed envelope in the
United States mail at San Diego, California addressed as follows:
U.S. Mail: Digitaldomain LLC
70 Marcus Clarke Street
2601 Canberra (ACT)
I, Patricia Flynn, certify and declare under penalty of perjury
that the foregoing is true and correct. Executed on September
12, 2005, in San Diego, California.
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