United States District Court, D. Nevada
WEBSTER FINANCIAL CORPORATION, WEBSTER BANK, NATIONAL ASSOCIATION, and WEBSTER CAPITAL FINANCE, INC. Plaintiffs,
v.
WEBSTER CAPITAL FINANCE INC., FIFIK PRIVATE LOANS, FIFIK JAN, SAMUEL HOWARD, ALEX HAMPSOM, various JOHN and JANE DOES 1-10, and XYZ COMPANIES 1-10 UNIDENTIFIED, Defendants.
FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST
DEFENDANTS WEBSTER CAPITAL FINANCE INC., FIFIK PRIVATE LOANS,
FIFIK JAN, SAMUEL HOWARD AND ALEX HAMPSOM
HONORABLE MIRANDA M. DU UNITED STATES DISTRICT JUDGE
Plaintiffs
Webster Financial Corporation, Webster Bank, National
Association, and Webster Capital Finance, Inc. (collectively,
“Webster”) brought the above-captioned lawsuit
against Webster Capital Finance Inc., Fifik Private Loans,
Fifik Jan, Samuel Howard, Alex Hampsom (collectively,
“Defendants”) alleging that Defendants are using
Webster's name, reputation, business address, and
trademarks to sell counterfeit financial products and
services, namely, sham residential loans and loan protection
insurance. Specifically, Webster asserts that Defendants are
unlawfully utilizing the WEBSTER CAPITAL FINANCE® mark
and Plaintiff Webster Capital Finance, Inc.'s registered
agent address in Nevada and its Nevada Business ID number,
NV20021340400, to deceive consumers into believing that
Defendants are Plaintiff Webster Capital Finance, Inc.
(hereinafter, the “Infringing Mark”). Webster
further asserts that Defendants are using the following email
addresses to further their fraudulent conduct:
webstercapitalfinance@outlook.com and
webstercapitalfinanceinc@gmail.com. Webster also
contends that Defendants have misappropriated the likeness of
at least two individuals to promote themselves and their
fraudulent business and Defendants' unlawful conduct has
caused actual consumer confusion.
As a
result of the Defendants' fraudulent scheme, Webster
asserted claims against Defendants for federal trademark
infringement under 15 U.S.C. §1114, federal common law
trademark infringement under 15 U.S.C. § 1125(a)(1)(A),
federal common law unfair competition, false designation or
origin and false advertising under 15 U.S.C. §
1125(a)(1)(B), federal trademark dilution under 15 U.S.C.
§ 1125(c), trademark infringement and unfair competition
under Nevada common law, trademark dilution in violation of
Nev. Rev. Stat. Ann. § 600.435, and violations of Nevada
Deceptive Trade Practices Act, Nev. Rev. Stat. Ann. §
598 et seq. Having reviewed the Complaint and file
and being otherwise duly and fully advised in the premises,
it is hereby
ORDERED,
ADJUDGED and DECREED that:
1. This
Court has jurisdiction over all the parties and all of the
claims set forth in Webster's Complaint.
2.
Webster has the right to use and enforce the WEBSTER Marks,
including registrations for WEBSTER (Reg. Nos. 3334639 and
3334640) and WEBSTER CAPITAL FINANCE (Reg. No. 3898098).
3.
Webster uses the WEBSTER Marks on and in connection with its
financial products and services. The WEBSTER Marks are valid,
distinctive, protectable, famous throughout the United States
and the State of Nevada, have acquired secondary meaning, and
are associated exclusively with Webster.
4. The
Court finds that the conduct set forth in the Complaint
constitutes federal trademark infringement under 15 U.S.C.
§1114, federal common law trademark infringement under
15 U.S.C. § 1125(a)(1)(A), federal common law unfair
competition, false designation or origin and false
advertising under 15 U.S.C. § 1125(a)(1)(B), federal
trademark dilution under 15 U.S.C. § 1125(c), trademark
infringement and unfair competition under Nevada common law,
trademark dilution in violation of Nev. Rev. Stat. Ann.
§ 600.435, and violations of Nevada Deceptive Trade
Practices Act, Nev. Rev. Stat. Ann. § 598 et
seq., and such conduct has caused substantial and
irreparable harm to Webster, and will continue to cause
substantial and irreparable harm to Webster unless enjoined.
5.
Webster has suffered damages, including loss of goodwill and
damage to its reputation, as a result of Defendants'
conduct. On review and consideration of all relevant factors,
Webster is entitled to injunctive relief on the claims as set
forth in the Complaint.
6.
Final judgment as to liability is hereby entered against
Defendants Webster Capital Finance Inc., Fifik Private Loans,
Fifik Jan, Samuel Howard, Alex Hampsom, and in favor of
Webster Financial Corporation, Webster Bank, National
Association, and Webster Capital Finance, Inc. on all of the
claims set forth in Webster's Complaint.
7. The
Court grants Plaintiffs six (6) months to conduct
post-judgment discovery, including third-party discovery, in
order to determine the appropriate amount of damages to be
awarded against Defendants. The Court retains jurisdiction
over this matter to address any discovery disputes that may
arise.
8.
Plaintiffs may file a motion seeking entry of a judgment
awarding damages against Defendants and this Court retains
jurisdiction to enter a subsequent judgment in favor of
Plaintiffs and against Defendants.
9.
Defendants and all of their past and present officers,
directors, successors, assigns, parents, subsidiaries,
affiliates, related companies, predecessors-in-interest,
companies, agents, employees, heirs, personal
representatives, beneficiaries, relatives, and all other
persons or entities acting or purporting to act for it/him or
on its/his behalf, including but not limited to any
corporation, partnership, proprietorship or entity of any
type that is in any way affiliated or associated with
Defendants or Defendants' representatives, agents,
assigns, parent entities, employees, independent contractors,
associates, servants, affiliated entities, and any and all
persons and entities in active concert and participation with
Defendants who receive notice of this Order, shall be and
hereby are PERMANENTLY ENJOINED from:
a. Infringing the WEBSTER Marks, or any term confusingly
similar to WEBSTER and/or ...