The opinion of the court was delivered by: Honorable Maxine M. Chesney United States District Judge
[Before the Honorable Maxine M. Chesney, Courtroom 7]
GRANTING APPLICATION [PROPOSED] ORDER FOR DEFAULT JUDGMENT BY COURT
[Filed in Support of Application for Default Judgment by Court, Memorandum of Points and Authorities in Support Thereof, Declaration of Konrad L. Trope, Pacific's Request for Judicial Notice Declaration of Timothy J. Koster, Declaration of Expert Hayden Bond, Declaration of Expert Ran Hadas, Ph.D.]
Complaint Filing Date: April 4, 2007
Discovery Cut-Off Date: TBA
Hearing Date: November 30, 2007 Hearing Time: 9:00 a.m.
Upon consideration of Plaintiff's Application for Entry of Default Judgment against Mark Musselman, and the Memorandum of Law and Declarations in support thereof, it is
ORDERED that Plaintiff's Application is GRANTED with the court finding as follows:
(1) Plaintiff Pacific Information Resources, Inc. (Pacific) owns and operates the website located at www.searchsystems.net (the "WEBSITE");
(2) Pacific has registered two valid copyrights concerning the WEBSITE. One registration, bearing Registration No. TX 6-275-368 protects the text of the WEBSITE, bearing the URL www.searchsystems.net. Plaintiff's other valid copyright registration at issue in this stipulated permanent injunction, bears Registration No. TX 6-275-367 which protects the PHP Hyper Text Processor source code of the WEBSITE. True and correct copies of the copyright registrations are attached hereto and incorporated herein as Exhibit "1" (the "COPYRIGHTS");
(3) Pacific also has a valid registration from the United States Patent and Trademark Office for its service mark consisting of the word mark "search systems" within a design or drawing bearing USPTO Trademark Registration No. 2019094 (the "SERVICE MARK "). A true and correct copy of this registration for Plaintiff's registered SERVICE MARK is attached hereto and incorporated herein as Exhibit "2"; and
(4) Pacific has continuously, for the preceding five years, at the very least, continuously and openly used variations of its registered SERVICE MARK, but such variations, while not registered, acquired secondary meaning and thus are fully protected under applicable federal and state law as described in Pacific's Complaint on file with the court; that Pacific's registered SERVICE MARK and unregistered service marks are collectively hereinafter referred to as the "SERVICE MARKS" and ...