The opinion of the court was delivered by: A. Howard Matz United States District Judge
AMENDED CONSENT ORDER AND JUDGMENT
On June 18, 2010, Plaintiff RE/MAX, LLC ("RE/MAX") filed a Complaint against Defendants RE/MAX Empire, Inc. ("RE/MAX Empire"), Eraline Terrones, Walter Terrones and Hector Vasquez ("Vasquez"). The Complaint alleges that the Defendants (former franchise owners, operators and agents of a terminated RE/MAX real estate brokerage office in Montebello, California) continue to hold themselves out as being (or working for) an authorized RE/MAX franchisee. The Complaint seeks injunctive and monetary relief for acts of trademark counterfeiting, trademark infringement, unfair competition, and dilution of a famous mark under the laws of the United States, Title 15, United States Code; for trademark infringement under Cal. Bus. & Prof. Code § 14200 et seq.; for unfair competition under Cal. Bus. & Prof. Code § 17200; and trademark infringement, and unfair competition under the common law of the state of California.
Defendant Hector Vasquez consents to have judgment entered against him as set forth below. The remaining Defendants have failed to timely Answer or otherwise respond to the Complaint.
I. Consents and Agreements
In order to effect settlement of the matters alleged against him in the Complaint in this action without a trial on the merits or further judicial proceedings, Defendant Vasquez:
1. Consents to entry of this Consent Order and Judgment ("Judgment");
2. Affirms that he has read this Judgment voluntarily, and that no promise or threat of any kind has been made by RE/MAX, or any officer or employee of RE/MAX, to induce Vasquez's consent to entry of this Judgment;
3. Affirms that he was represented by legal counsel in connection with the negotiation of this Judgment;
4. Acknowledges service of the summons and Complaint;
5. Admits that this Court has personal jurisdiction over him;
6. Admits that this Court has subject matter jurisdiction pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1332, 1338 and 1367;
7. Admits that venue properly lies with this Court;
8. Waives the entry of findings of fact and conclusions of law in this action pursuant to Rule 52 of the Federal Rules of Civil Procedure, except as to the facts stipulated to below in Section II;
9. Waives any and all rights to appeal this action;
10. Consents to the continued jurisdiction of this Court for the purpose of enforcing the terms and conditions of this Judgment and for any other purposes relevant to this case, even if Defendant Vasquez now or in the future resides outside of the Court's jurisdiction; and
11. In consenting to the entry of this Judgment, Defendant Vasquez admits all of the allegations in the Complaint, each Finding of Fact, and the Conclusions of Law set forth in this Judgment.
II. Findings of Fact and Conclusions of Law
This Court, being fully advised in the premises, finds that there is good cause for the entry of this Order and that there is no just reason for delay. This Court therefore directs the entry of Findings of Fact, Conclusions of Law, a permanent injunction, an order of monetary damages and other equitable relief, as set forth herein.
A. Findings of Fact RE/MAX
12. Since the early 1970's, RE/MAX has authorized a network of over 6,500 independent franchised offices throughout the United States and in over 70 countries worldwide, comprising over 90,000 franchisees and affiliated independent contractor/sales associates to use the trademarks and other intellectual property of RE/MAX in connection with providing real estate brokerage services.
13. RE/MAX is the owner of U.S. Trademark Registration No. 1,139,014 for the trademark "RE/MAX" (the "RE/MAX Mark"). RE/MAX is also the owner of U.S. Trademark Registration No. 1,173,586 for the service mark consisting of a hot air balloon design (the "Balloon Design"), and Registration No. 1,702,048 for the service mark consisting of a rectangular sign displaying three horizontal bars, the top of which is ...