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.

Voss of Norway, A.S.A. v. King

United States District Court, D. Nevada

April 5, 2017

VOSS OF NORWAY, A.S.A., Plaintiff,
v.
MICHELLE KING; an unknown entity, individual, or group of individuals doing business as NV HOTEL COMPANY and BOUTIQUE HOTELIERS, Defendants.

          Michael J. McCue Jonathan W. Fountain John A. Clifford Ian G. McFarland MERCHANT & GOULD P.C. Attorneys for Plaintiff Voss of Norway, A.S.A.

          DEFAULT JUDGMENT

         Defendants Michelle King, NV Hotel Company, and Boutique Hoteliers (collectively, "Defendants") have failed to plead or otherwise defend, and their default has been entered by the Clerk of the Court. ECF No. 22. Plaintiff Voss of Norway A.S.A. has moved for default judgment. ECF No. 23. The motion demonstrates good cause to grant it. Therefore, I hereby enter this final judgment by default in the plaintiffs favor and against the Defendants, jointly and severally.

         IT IS HEREBY ORDERED that the plaintiffs Motion for Default Judgment (ECF No. 23) is GRANTED. Judgment is entered in Plaintiffs favor and against Defendants, jointly and severally, for:

         (1) willfully infringing Plaintiffs United States trademarks in violation of 15 U.S.C. § 1114, to wit:

(Image Omitted)

(collectively, the "VOSS Trademarks");

         (2) willfully engaging in false advertising in violation of 15 U.S.C. § 1125(a)(1)(B), by making false representations of fact in commercial advertising and promotion concerning the nature of Defendants' and Plaintiffs products, services, and commercial activities on websites and in related materials regarding purportedly forthcoming spas offering Plaintiffs products and spa services in a manner likely to cause confusion, mistake, and deception among the general public, potential investors, and others;

         (3) willfully making false designations of origin and/or false or misleading representations of fact in violation of 15 U.S.C. § 1125(a)(1)(A), through the unauthorized use of Plaintiff s letterhead, name, and VOSS Trademarks, leading the public to falsely believe that Defendants' correspondence and marketing materials originated from, were associated with, or were affiliated with or were otherwise authorized, sponsored, or endorsed by Plaintiff when they were not;

         (4) in bad faith registering the domain names <vosswaterspa.us> and <vossprestige.co> in violation of 15 U.S.C. § 1125(d);

         (5) willfully infringing the VOSS Trademarks in violation of the common law of the State of Nevada; and

         (6) engaging in deceptive trade practices in violation of Nev. Rev. Stat. § 598.0915, by knowingly making false representations as to Defendants' affiliation, connection, or association with Plaintiff by using Plaintiffs name, letterhead, and VOSS Trademarks without Plaintiffs consent.

         IT IS HEREBY FURTHER ORDERED that Defendants and their respective officers, agents, servants, employees, attorneys, and persons who are in active concert or participation with them, are permanently enjoined and restrained from:

         (1) using in commerce, including, without limitation on the <vosswaterspa.us>, <vossprestige.co>, <nvwaterspa.com> websites or on any other website, any of the VOSS Trademarks and any other mark, whether in word or design form, trade name, company name, letterhead, domain name, or designation that is not at least a safe distance away from, or is otherwise confusingly similar to Plaintiffs VOSS Trademarks, and from any attempt to retain any part of the goodwill misappropriated from Plaintiff;

         (2) transmitting any correspondence to a third party purporting to discuss or offer the opportunity to license any rights ...


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.