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DIRECTV INC. v. INBOUND CALLS INC.

October 21, 2005.

DIRECTV, INC., a California Corporation, Plaintiff,
v.
INBOUND CALLS, INC., a California corporation, and THE PROMOTIONS CENTER, INC., a California corporation AND DOES 1 THROUGH 10, inclusive, Defendants.



The opinion of the court was delivered by: WILLIAM HAYES, District Judge

[PROPOSED] DEFAULT JUDGMENT FOR PERMANENT INJUNCTION AGAINST DEFENDANTS INBOUND CALLS, INC. AND THE PROMOTIONS CENTER, INC.
Defaults having been entered against Defendants Inbound Calls, Inc, ("ICI") and The Promotions Center, Inc. ("TPC") (collectively, "Defendants"), Plaintiff DIRECTV, INC, ("DIRECTV") having submitted a Motion for Entry of Default Judgment for Permanent Injunction against Defendants pursuant to Rule 55(b) of the Federal Rules of Civil Procedure; the matter having been submitted and good cause appearing therefore.
IT IS HEREBY ORDERED that DIRECTV shall have Judgment for the following permanent injunctive relief:
(a) Defendants, their principals, officers, directors, agents and others acting on their behalf, are permanently enjoined and restrained from any unauthorized use of DIRECTV's name or its trademarks, and are further enjoined and restrained from continuing or undertaking any and all efforts to sell, market, and/or telemarket any DIRECTV goods of services either on Defendants' own behalf or on behalf of any other entity or person;
(b) TCP's principal, Neil D. Lipsky, is permanently enjoined and restrained from continuing or undertaking any effort or act to sell, market, and/or solicit sales via telemarketing, any DIRECTV goods or services, on DIRECTV's behalf and/or on behalf of any other entity of person without the express written consent, approval and authorization of DIRECTV;
(c) Defendants, their principals, officers, directors, agents and others acting on their behalf, are permanently enjoined and restrained from using the trade name DIRECTV for any purpose or reason whatsoever;
(d) Defendants, their principals, officers, directors, agents and others acting on their behalf, are permanently enjoined and resuained from using in any manner the DIRECTV, name or trademark in connection with any and all telemarketing and marketing efforts in any way affiliated or associated with DIRECTV, its trademark, and/or its products or services;
(e) Defendants, their principals, officers, directors, agents and others acting on their behalf, shall preserve any and all documents records, including electronic records and documents, dealing with any and all sales, marketing, and telemarketing of DIRECTV's goods and services; and
(f) Defendants, their principals, officers, directors, agents and others acting on their ...

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