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Esolar, Inc., A Delaware Corporation v. Esolar Exchange LLC

December 19, 2012

ESOLAR, INC., A DELAWARE CORPORATION, PLAINTIFF,
v.
ESOLAR EXCHANGE LLC, AN UNKNOWN BUSINESS ENTITY, DEFENDANT.



The opinion of the court was delivered by: Honorable Otis D. Wright II United States District Court Judge

JS-6

CONSENT JUDGMENT AND PERMANENT INJUNCTION ORDER

Upon consent of the Plaintiff eSolar, Inc. ("Plaintiff") and Defendant eSolar Exchange LLC ("Defendant"), the Court finds as follows:

1. The Court has jurisdiction over the parties and the subject matter of this lawsuit.

2. Plaintiff eSolar, Inc. is a corporation organized and existing under the laws of the State of Delaware having its principal place of business at 3355 West Empire Avenue, Suite 200, Burbank, California 91504. Plaintiff specializes in, among other things, generating and producing solar energy, and providing design and development in the field of power plant construction.

3. Defendant eSolar Exchange LLC is a business entity located in California having its principal place of business at 343 Soquel Avenue, Suite 320, Santa Cruz, California 95062.

4. eSolar, Inc. is the owner of all right, title, and interest to U.S. Trademark Reg. No. 3,828,737 for the mark ESOLAR (the "ESOLAR Mark") covering the following: "power plants" in International Class 11; "energy recycling services, namely, capturing and conversion of solar energy into electricity and useful steam; generation and production of energy" in International Class 30; and "design, development, and consulting services in the field of power plant construction; designing plant components and equipment for power plants; engineering services in the field of construction of power plants" in International Class 42.

5. Reg. No. 3,828,737 issued on August 3, 2010, and is valid and in full force and effect.

6. Defendant began offering renewable energy trading services to the public using the ESOLAR Mark, by itself and also as ESOLAR EXCHANGE.

7. Defendant's acts constitute trademark infringement in violation of the Lanham Act, 15 U.S.C. § 1114, unfair competition in violation of the Lanham Act, 15 U.S.C. § 1125(a), unfair competition in violation of the California Business and Professional Code, § 17200, and unfair competition in violation of common law of the State of California.

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

1. Defendant, together with all of its agents, servants, employees, representatives, attorneys and assigns, and all other persons, firms, or companies in active concert or participation with Defendant are hereby immediately and permanently enjoined and restrained from engaging in, committing, performing, directly or indirectly, by any means whatsoever, any of the following acts:

a. Using the marks ESOLAR or ESOLAR EXCHANGE in interstate commerce, or any other similar marks that are likely to cause confusion, mistake or deception with the Plaintiff's ESOLAR Mark;

b. Directly or indirectly applying to register the ESOLAR Mark, or ESOLAR EXCHANGE, with the United States ...


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