Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

TAHITIAN NONI INTERNATIONAL, INC. v. TRYTAHITIANNONI.COM

September 15, 2005.

TAHITIAN NONI INTERNATIONAL, INC. dba MORINDA, INC., a Utah corporation, Plaintiff,
v.
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 www.trytahitiannoni.com website.

  2. OnlineNIC is further ordered to assign all rights in the TRYTAHITIANNONI.COM domain name to the Plaintiff Tahitian Noni International, Inc.

  3. This Court will retain jurisdiction to the extent necessary to enforce this Order and to determine any issues which ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.