UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
February 27, 2012
AMERICAN AUTOMOBILE ASSOCIATION, INC., A CONNECTICUT CORPORATION, PLAINTIFF,
RAMADA PALM SPRINGS, AN ENTITY OF UNKNOWN FORM DEFENDANT.
The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge
ORDER GRANTING PLAINTIFF'S APPLICATION FOR DEFAULT JUDGMENT [Motion filed on January 26, 2012]
On November 9, 2011, Plaintiff American Automobile Association, Inc. ("AAA") filed a Complaint (Doc. No. 1) alleging Defendant Ramada Palm Springs displays, and has been displaying, AAA's marks without AAA's authorization (e.g., representing its facilities as "AAA Approved"). Plaintiff brought claims under federal law for: (1) federal service mark infringement; (2) unfair competition by false designation of origin, and; (3) trade name or service mark dilution. Plaintiff brought additional claims under California law for: (4) injury to business reputation and dilution; (5) unfair and deceptive trade practices, and; (6) common law trade name and trademark infringement, and unfair competition.
Defendant filed no timely response to Plaintiff's Complaint. Accordingly, the Clerk entered a Default (Doc. No. 10) against Defendant on December 20, 2011. On January 26, 2012, Plaintiff filed an Application for Default Judgment (Doc. No. 16), supported by the Declaration of Zack Broslavsky (Doc. No. 17), Plaintiff's counsel.
The Court GRANTS Plaintiff's application. Pursuant to the Judgment accompanying this Order, Defendant shall be enjoined from displaying Plaintiff's marks; shall deliver to Plaintiff's counsel any items in Defendant's possession or control incorporating Plaintiff's marks; shall cause Plaintiff's marks to be removed from any directory or website using Plaintiff's marks in association with Defendant's business, and; within 30 days, shall file with the Clerk and serve on Plaintiff's counsel a written report, under oath, indicating in detail the manner in which Plaintiff has complied with the Court's Judgment. The Court VACATES the February 27, 2012, hearing on Plaintiff's Application.
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