The opinion of the court was delivered by: Honorable Maxine M. Chesney
AGAINST DEFENDANT DIANA PARTIAL REVISED [PROPOSED] ORDER RE: MOTION FOR MUSSELMAN SUMMARY JUDGMENT AGAINST ADJUDICATION DEFENDANT DIANA MUSSELMAN
[Filed Concurrently With: Memorandum of Points and Authorities in Support of Motion for Summary Adjudication; Request for Judicial Notice;] 4th Am. Com. Filed: March 23, 2007 Expert Discovery Cut-Off: February 26, 2008 Trial: TBA Status Conference: TBA Hearing Date: TBA Time: 9:00 a.m. Dept.:
Motion for Partial Summary
Upon consideration of Plaintiff's Application for Entry of Default Judgment against motion Diana 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) The Court having considered the papers presented finds that there is no genuine dispute of material fact concerning liability of Diana Musselman under Pacific's
a. 7th Claim for Relief for Direct Copyright Infringement of the Content of Pacific's website, www.searchsystems.net, under 17 U.S.C. §§ 101, et. seq.;
b. 19th Claim for Relief for Direct Infringement of a Registered Trademark/Service Mark under 15 U.S.C. § 1125; 1114;
c. 30th Claim for Relief for Common Law Misappropriation; and
d. 31st Claim for Relief for Common Law Conversion; contained in Pacific's 4th Amended Complaint.
(2) As part of the Court finding there is no genuine dispute of material fact concerning liability of Diana Musselman under Pacific's 7th, 19th, 30th and 31st Claims for Relief, the Court specifically notes the following findings of fact: facts are undisputed:
(a) Plaintiff Pacific Information Resources, Inc. (Pacific) owns and operates the website located at www.searchsystems.net (the "WEBSITE");
(b) 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");
(c) 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 ...