Free Order - District Court of Delaware - Delaware

Case 1:O7—cv—OO463-JJF Document 13 Filed O4/29/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT A
FOR THE DISTRICT OF DELAWARE
QVC, Inc. : 4
: Civil Action No. 07-463 (JJF)
and :
ER Marks, Inc.
Plaintiffs,
Joshua Barker,
Jason Jersey, and :
J crsey-Barker Enterprises :
Defendants.
ORDER OF DEFAULT JUDGMENT AND INJUNCTION ‘
WHEREAS, QVC, Inc. and E.R. Marks, Inc. (collectively "QVC"), filed suit against
defendants Joshua Barker, Jason Jersey, and J ersey-Barker Enterprises (individually and »
collectively "Defendants"), on July 25, 2007 alleging, inter alia, that Defendants’ individual
and/or collective use of QVC’s trademarks on and in connection with the domain names
www._tglanetgvc.com, www.planetgvc.info, and www.planetgvc.net and the web sites associated
therewith, constitute trademark infringement, trademark dilution, cybersquatting, and unfair
competition; l
WHEREAS, Plaintiffs’ Complaint recited that Plaintiffs are the owners and/or authorized
users of the federally registered QVC formative marks, along with the federally registered mark
QUALITY VALUE CONVENIENCE;

Case 1 :O7—cv—OO463-JJF Document 13 Filed O4/29/2008 Page 2 of 3
WHEREAS, service of process was made upon Defendants by sewing the Complaint,
Summons, and Civil Information Sheet on August 9, 2007 pursuant to 10 Del. C. § 3104;
WHEREAS, Defendants have failed to Answer the Complaint, or otherwise file a
responsive pleading, within the time limits provided by the Federal Rules of Civil Procedure;
WHEREAS, Defendants have not raised any issue as to their infancy, incompetency or
military service;
WHEREAS, Plaintiffs’ Complaint requested relief including damages and transfer or
cancellation of the infringing domain names andfor websites, as well as other remedies;
WHEREAS, the Clerk of this Court entered a default against Defendants in this matter on
November 19, 2007;
NOW, THEREFORE, it is hereby ORDERED, ADJUDGED and DECREED that
Defendants, jointly and severally, their agents, servants, representatives, successors and assigns,
and all those persons or entities in active concert or participation with any of them who receive
actual notice of the injunctive order, be enjoined, prelirninarily and permanently Eom:
A. Using the term QVC or the wording "QUALITY VALUE CONVENTENCE," or
any other mark, term, domain name or title confusingly similar to the term QVC or the wording
"QUALITY VALUE CONVENTENCE," (collectively the "QVC Marks") in connection with
marketing, sale, offering for sale, advertisement, or promotion of retail goods or services; and
IN ADDITION, it is also hereby ORDERED, ADIUDGED and DECREED that
Defendants, jointly and severally, their agents, servants, representatives, successors and assigns,
and all those persons or entities in active concert or participation with any of them who receive
actual notice of the injunctive order, within thirty (30) days of the injunction order:

Case 1 :O7—cv—OO463-JJF Document 13 Filed O4/29/2008 Page 3 of 3
B. Identify all websites and/or domain names with which they are associated that
incorporate or use any QVC Marks, or variation thereof, including such use in metatags;
C. Transfer to QVC, Inc. all websites and/or domain names that incorporate or use
any QVC Marks, or variations thereof, including but not limited to, www.planetg_vc.com,
www._1glanetgvc.info, and www.planetgvc.net; _
D. Remove the QVC Marks, and any variations thereof, from any metatags in any -
website and/or associated with any domain name owned or controlled by, or on behalf of,
Defendants;
E. File with the Court and serve upon QVC, within thirty (30) days after entry of the
injunctive order, a report in writing and under oath setting forth in detail the manner and form by
which they have complied with the provisions set forth in paragraphs A through D above.
This Court shall retain jurisdiction for the purpose of enforcing the provisions of this
Default Judgment and Permanent Injunction.
Dated: Q/ygf @@4,% >
( Judg Jos J. Farnan, Jr.