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Vale National Training Center, Inc. v. Easley

February 24, 2010

VALE NATIONAL TRAINING CENTER, INC. PLAINTIFF,
v.
REX A. EASLEY, D/B/A, RAE AUDIT AND CONSULTING AND D/B/A, VALE TECH ONLINE, DEFENDANT.



The opinion of the court was delivered by: Lawrence J. O'neill District Judge

AGREED ORDER GRANTING PERMANENT INJUNCTION AND DISMISSAL

UPON REPRESENTATION TO THE COURT that:

(1) Plaintiff Vale National Training Center, Inc. ("Vale") and Defendant Rex. A. Easley ("Easley") have fully and finally compromised and settled all matters in controversy;

(2) As part of their final compromise and settlement, Easley, having not yet answered the Complaint, hereby makes an appearance in this case and has agreed to consent to the personal jurisdiction by the United States District Court for the Eastern District of California, Fresno Division for purpose of enforcement of this Settlement Agreement and the Permanent Injunction ordered herein;

(3) Vale and Easley hereby stipulate to the following facts:

a. Vale is the owner of all right, title, and interest in and to the trademarks VALE NATIONAL & design(r) (U.S. Reg. No. 2,255,689), VALE TRAINING SOLUTIONSTM, VALE TRAINING SOLUTIONS & designTM, and VALE ONLINETM (collectively, the "Vale Marks");

b. Without Vale's authorization, Easley adopted and began using the trademarks VALE TECH and VALE TECH ONLINE (collectively, the "Infringing Marks"), which are confusingly similar to the Vale Marks, in connection with training and educational courses in the field of auto damage appraisal;

c. Easley's adoption and use of the Infringing Marks in violation of Vale's rights in the Vale Marks constitutes federal trademark infringement under 15 U.S.C. § 1114(1), federal false designation of origin under 15 U.S.C. § 1125(a), unfair competition under Cal. Bus. & Prof. Code § 17200, et seq., and common law unfair competition; and

d. Easley's adoption and use of the Infringing Marks has caused and will continue to cause, absent an injunction, irreparable harm to Vale for which Vale has no adequate remedy at law;

(4) Each party shall bear its own costs and attorneys' fees; and

(5) Pursuant to Fed. R. Civ. P. 41(a)(1)(ii), Vale and Easley hereby stipulate to dismissal of the case, without prejudice; and hereby respectfully request such dismissal from the Court, and the Court finding that the parties' joint stipulation of dismissal without prejudice is well taken and should be and hereby is GRANTED.

IT IS THEREFORE ORDERED that Easley and all persons acting on his behalf, as of the date of this Order, are required to remove permanently from the world wide web any and all content, domain names, uniform resource locators, and/or metadata using or incorporating the trademarks VALE TECH and VALE TECH ONLINE or any other reproduction, counterfeit, copy or colorable imitation of the trademarks VALE NATIONAL & design(r) (U.S. Reg. No. 2,255,689), VALE TRAINING SOLUTIONSTM, VALE TRAINING SOLUTIONS & designTM, and VALE ONLINETM (collectively, the "Vale Marks"), including, but not limited to, the uniform resource locator http://www.estimateaudit.com/valetech.htm, the content located at http://www.estimateaudit.com/valetech.htm, the domain name valetechonline.com, and the content located at valetechonline.com.

IT IS FURTHER ORDERED that Easley and all persons acting on his behalf, as of the date of this Order, are permanently enjoined from:

(1) Using the trademarks VALE TECH and VALE TECH ONLINE, or any other reproduction, counterfeit, copy or colorable imitation of Vale Marks or any of them, in connection with the advertising, offering for sale, or sale ...


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