Free Default Judgment - District Court of Delaware - Delaware

Case 1:07-cv-00391-JJF Document 55 Filed 06/16/2008 Page1 of3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
QSOFT CONSULTING, LIMITED, :
Plaintiff, E
v. ; Civil Action No. 07-391-JJF
TEDDY TONG and TDTONG LTD., E
Defendants. E
ORDER FOR DEFAULT JUDGMENT AND PERMANENT INJUNCTION
WHEREAS, on June 19, 2007, QSoft filed its Verified
Complaint (D.I. 1);
WHEREAS, on October 2, 2007, the Court granted QSoft’s
Motion For Preliminary Injunction and transferred ownership of
the three infringing domain names from Defendants to QSoft (D.I.
47);
WHEREAS, Defendants did not file an answer or otherwise
plead;
WHEREAS, the Court hereby finds that Defendants willfully
and intentionally adopted the three infringing domain names
, , and with a bad
faith intent to profit from QSoft's GAYDAR mark;
WHEREAS, the Court hereby finds that Defendants provided
knowingly fictitious postal addresses to two different domain
name registrars when registering the infringing domain names in
violation of 15 U.S.C. § 1117;

Case 1:07-cv-00391-JJF Document 55 Filed 06/16/2008 Page 2 of 3
WHEREAS, the Court hereby finds that Defendants willfully
and knowingly committed aggravated violations of the CAN—SPAM Act
as defined by 15 U.S.C. § 7706(g)(3)(C);
WHEREAS, the Court hereby finds that QSoft is a prevailing
party and is therefore entitled to recover attorneys’ fees and
costs under Section 1117(a);
NOW THEREFORE, IT IS HEREBY ORDERED that:
1. Plaintiff's Motion For Entry Of Default Judgment And
Permanent Injunction (D.I. 49) is GRANTED.
2. Defendants are in default for failing to answer or
otherwise defend against Plaintiff’s Verified Complaint.
3. The terms of the Preliminary Injunction issued by this
Court on October 2, 2007 (D.I. 47y) are wholly incorporated and
made permanent under this Permanent Injunction.
4. Plaintiff QSoft is awarded statutory damages under the
Controlling Assault of Non—Solicited Pornography and Marketing
Act, 15 U.S.C. § 7701 gt segg, in an amount to be determined at
the damages hearing.
5. Plaintiff QSoft is awarded statutory damages under the
Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125, in
an amount to be determined at the damages hearing.
6. Plaintiff QSoft is awarded its reasonable attorneys'
fees and costs in an amount to be determined at the damages
hearing under 15 U.S.C. § 1117 and 15 U.S.C. § 7706.
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Case 1:07-cv-00391-JJF Document 55 Filed 06/16/2008 Page 3 of 3
7. Plaintiff QSoft is awarded its actual, compensatory,
and consequential damages under its CFAA, Lanham Act, Delaware's
Uniform Deceptive Trade Practice Act, breach of contract, common
law trademark infringement and unfair competition, and trespass
to chattel claims in an amount to be determined at the damages
hearing.
8. A hearing to determine Plaintiff's damages is set for
Friday, July 11, 2008 at 12:00 p.m., in Courtroom No. 4B on the
4th floor, United States Courthouse, Boggs Federal Building,
Wilmington, Delaware.
9. Plaintiff QSoft will give Defendants notice of entry of
default instanter.
June 13, 2008 \ g& %
TED STAT DISTRICT JUD
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