Free Order on Motion for Permanent Injunction - District Court of California - California

Case 3:08-cv-00084-JMA

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B UCHALTER N EMER
A PROFESSIONAL CORPORATION

BUCHALTER NEMER A Professional Corporation MICHAEL L. WACHTELL (SBN: 47218) JASON FISHER (SBN: 222982) MATTHEW S. SOLMON (SBN: 237363) 1000 Wilshire Boulevard, Suite 1500 Los Angeles, CA 90017-2457 Telephone: (213) 891-0700 Facsimile: (213) 896-0400 Email: [email protected] Attorneys for Counterdefendant/Plaintiff ECOMMERCE INNOVATIONS, LLC MAYFIELD & ASSOCIATES ATTORNEYS AT LAW GAYLE MAYFIELD-VENIERIS (SBN: 149296) [email protected] MELISSA L. BUSTARDE, ESQ. (SBN: 239062) [email protected] 462 Stevens Avenue, Suite 303 Solana Beach, CA 92075-2066 Tel: (858) 793-8090 Fax: (858) 793-8099 Attorneys for Defendants/Counterclaimants MARKETING ADVANTAGES INTERNATIONAL, INC. AND AU-CO MAI UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ECOMMERCE INNOVATIONS, LLC, a Nevada limited liability company, Plaintiff, vs. MARKETING ADVANTAGES INTERNATIONAL, INC., a California corporation doing business as Emitations.com; AU-CO MAI, an individual; and DOES 1 through 50, Defendants. AND RELATED COUNTERCLAIMS ORDER FOR PERMANENT INJUNCTION AND DISMISSAL Case No. 08cv0084 IEG (JMA)

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LOS ANGELES

ORDER FOR PERMANENT INJUNCTION AND DISMISSAL

Case 3:08-cv-00084-JMA

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B UCHALTER N EMER
A PROFESSIONAL CORPORATION

As per the Joint Motion for Permanent Injunction and Dismissal as agreed to by the parties, the Court orders as follows: 1. The dismissal with prejudice of this Action, including all Claims by

Plaintiff and all Counterclaims by Defendants and all applicable affirmative defenses. Each party to bear its own costs; 2. A. A Permanent Injunction Ordered as follows: On or before April 30, 2008, Defendants shall cease and desist and

permanently refrain from all use of all of the following phrases: i. ii. "INSPIRED SILVER"; Any transpositions, misspellings and/or addition or subtraction

of letters of the word "Inspired" immediately followed by any transpositions, misspellings and/or additions or subtraction of letters of the word "Silver" ("Disallowed IS Phrase"). By way of example, this includes, but is not limited to, Inspired, Inspored, Inspried, Nspired, Nispired, Inspred, Nspred, Inpired and Silver, Slver, Sliver, Lsver, Lsiver, Solver, Salver, Silvr; and iii. Nothing herein prevents Defendants' from using the word

"inspired" with one or more words in normal sized text in between it and the word "silver;" provided, however, that Defendants' may not place a really small invisible letter in between the words "inspired" and "silver." In other words, placing a really small invisible letter, such as "Inspired a Silver", so it would look like the two words are one after another, but in a way that the computer code reads that there is one word in between, although though the letter is invisible. B. Defendants' agreement to permanently refrain from all use of the

Disallowed IS Phrase, includes online and offline use of the Disallowed IS Phrase, including but not limited to, using the Disallowed IS Phrase as a trigger for search engines, throughout the Emitations website, and in all media now known or hereafter devised. This shall not stop Defendants from using the
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ORDER FOR PERMANENT INJUNCTION AND DISMISSAL

LOS ANGELES

Case 3:08-cv-00084-JMA

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A PROFESSIONAL CORPORATION

words "Inspired" or "Silver" so long as they are not used directly next to each other or used in any way specified herein that is in violation of this Agreement; C. On or before April 30, 2008, ECI shall cease and desist and

permanently refrain from all use of the phrase "EMITATIONS" and any transpositions, misspellings and/or addition or subtraction of letters of the word "EMITATIONS." By way of example, this includes, but is not limited to, eations, eimitation, eimitations, ematation, ematations, emations, emetations, emitaitons, emitation, emitator, emitators, emiations. This shall not stop ECI from using the word "imitation", or derivatives thereof beginning with the letter "i", including but not limited to, imitations, imitation, imatation, imatations, and imiations. ECI's agreement to permanently refrain from all use of "EMITATIONS" includes online and offline use of Emitations, including but not limited to, using the Emitations as a trigger for search engines, throughout the Inspired Silver website, and in all media now known or hereafter devised; 3. Continuing jurisdiction of Honorable Judge Jan Adler and the United

States District Court, Southern District of California until April 18, 2010; and 4. Such other relief as deemed necessary to effectuate the terms of the

Settlement Agreement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full. IT IS SO ORDERED.

DATED:

May 4, 2008

_____________________________ IRMA E. GONZALEZ, Chief Judge United States District Court

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ORDER FOR PERMANENT INJUNCTION AND DISMISSAL

LOS ANGELES