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.

Crossfit, Inc. v. Del Cueto Davalos

United States District Court, N.D. California, San Jose Division

February 24, 2017

CROSSFIT, INC., a Delaware corporation, Plaintiff,
v.
ANDRES DEL CUETO DAVALOS; ALFA EXTREME FITNESS S.A. DE C.V.; DOES 1-10, INCLUSIVE, Defendants.

          GIBSON, DUNN & CRUTCHER LLP, CHRISTOPHER D. DUSSEAULT (SBN 177557) PERLETTE MICHÈLE JURA (SBN 242332) Attorneys for Plaintiff CrossFit, Inc.

          [PROPOSED] DEFAULT JUDGMENT

          HONORABLE BETH LABSON FREEMAN, UNITED STATES DISTRICT COURT JUDGE

         WHEREAS, this action having been commenced by Plaintiff CrossFit, Inc. (“Plaintiff” or “CrossFit”) on February 14, 2014 by the filing of the Summons and Complaint (ECF No. 1) against Defendant Andres Del Cueto Davalos (“Del Cueto”) and Alfa Extreme Fitness S.A. de C.V. (“Alfa Extreme Fitness”) (collectively, “Defendants”)[1] under the Lanham Act, 15 U.S.C. § 1051, et seq. (the “Lanham Act”) and the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), and California law, for preliminary and permanent equitable relief, monetary damages, forfeiture of infringing domain names, costs, and attorney fees for Defendants' unauthorized use of Plaintiff's federally registered trademark CROSSFIT name (the “CROSSFIT mark”);

         WHEREAS, Del Cueto was duly served with copies of the Summons and Complaint with exhibits on January 28, 2016, as set forth in the Certificate of Service, filed on May 11, 2016 (ECF No. 32);

         WHEREAS, Del Cueto has not answered or otherwise responded to the Complaint and the deadline for answering has expired; WHEREAS, Del Cueto has failed to otherwise respond or oppose the relief requested therein;

         WHEREAS, Plaintiff requested that the Clerk of Court enter default in this matter against Del Cueto on September 20, 2016, on the ground that Del Cueto has failed to appear or otherwise respond to Plaintiff's Complaint within the time prescribed by the Federal Rules of Civil Procedure;

         WHEREAS, Del Cueto's default was noted by the Clerk's Certificate of Default, entered on September 21, 2016 (ECF No. 39);

         WHEREAS, Plaintiff filed a Motion for Entry of Default Judgment as to Defendant Andres Del Cueto Davalos (the “Motion for Default Judgment”) on December 22, 2016 in the above-captioned matter;

         WHEREAS, Plaintiff's Complaint made clear that Plaintiff would seek the relief provided herein, including:

(a) permanent injunctive relief;
(b) forfeiture of infringing domain names;
(c) monetary damages, including statutory damages pursuant to the Lanham Act; and
(d) costs and attorney fees;

         WHEREAS, Plaintiff gave notice of the Motion for Default Judgment and accompanying papers and exhibits via email to Del Cueto and to Richard S. Mandaro Esq. of Amster, ...


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.