Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Umerco Clothing Co. Inc., A California Corporation v. Benny's Aloha Shirts

February 14, 2012

UMERCO CLOTHING CO. INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
BENNY'S ALOHA SHIRTS, A BUSINESS ENTITY OF FORM UNKNOWN, HARLEY DAVIDSON CAFE, A BUSINESS ENTITY OF FORM UNKNOWN, SOUTHWEST BOWLING APPAREL, A BUSINESS ENTITY OF FORM UNKNOWN, KILLER HATS COMPANY, A PENNSYLVANIA CORPORATION, MUSICIAN'S FRIEND, A DELAWARE CORPORATION, SCOTT APPAREL, INC., A CALIFORNIA CORPORATION, SCOTT YOON, AN INDIVIDUAL, S-MARQUE, A CALIFORNIA CORPORATION, MIGUEL VIVANCO, AN INDIVIDUAL, NATIVITY RIGALADO, AN INDIVIDUAL, AVELINO DIAZ, AN INDIVIDUAL, AND DOES 1 THROUGH 10 INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Honorable James V. Selna

JS-6

JUDGMENT GRANTING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST SCOTT YOON, NATIVITY RIGALADO, AND SMARQUE JUDGMENT GRANTING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT BY THE COURT

TO DEFENDANTS NATIVITY RIGALADO, an individual, S. MARQUE, INC., a corporation, and SCOTT YOON, an individual, and ITS ATTORNEYS OF RECORD:

Plaintiff's Motion for Entry of Default Judgment and supporting documents were submitted to the Court on December 16, 2011.

The Court's has reviewed all the documents submitted by Plaintiff in support of its application for the entry of default and has found the application to have met the requirement for granting of default judgment pursuant to Fed. R. Civ. P. 55.

The Court makes the following findings:

1. Nativity Rigalado, Scott Yoon, and S-Marque ("Defendants") have infringed Plaintiff's copyrighted designs.

2. Defendants have willfully infringed upon Plaintiff's registered trademarks "Dragonfly" and "Dragonfly Roadhouse", Registration Nos. 3,511,173 and 3,199,267 respectively (collectively "Umerco Marks").

3. Defendants were entrusted with intellectual property of Umerco, Defendants appropriated this intellectual property to use other than that for which they was entrusted, and there is clear and convincing evidence indicating fraud by the Defendants.

4. Due to the willful nature of the infringement, Plaintiff is entitled to treble actual damages.

5. Due to the willful nature of the infringement, Plaintiff is entitled to attorney's fees.

THEREFORE, THE REQUESTED MOTION FOR ENTRY OF DEFAULT JUDGMENT BY THE COURT IS GRANTED AND IT IS HEREBY ORDERED as follows:

1. The Defendants are ordered to pay the sum of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.