liberty media holdings, inc. v. domain administrator, et al. - order granting default judgement

8/6/2019 Liberty Media Holdings, Inc. v. Domain Administrator, et al. - Order Granting Default Judgement

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 10-61492-CIV-DIMITROULEAS

LIBERTY MEDIA HOLDINGS, INC.,

a California corporation,

Magistrate Judge Snow

Plaintiff,

v.

DOMAINCLUB PRIVACY SERVICE,

a Florida corporation, DOMAIN

ADMINISTRATOR; SEWORKS, LLC,

a Florida LLC, and DOES 1-10,

Defendants.

_______________________________________/

FINAL DEFAULT JUDGMENT AGAINST DEFENDANT DOMAIN ADMINISTRATOR

THIS CAUSE is before the Court upon Plaintiff Liberty Media Holdings, LLCsMotionfor Entry of Default Judgment against Defendant Domain Administrator [DE 29], filed herein on

March 30, 2011. The Court granted the Motion in an Order entered separately today. Pursuant

to Federal Rule of Civil Procedure 58(a), we enter this separate final judgment.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. Final Default Judgment is hereby entered against Defendant Domain

Administrator, awarding Plaintiff Liberty Media Holdings, LLC the following

relief:

A. A preliminary and permanent injunction are hereby entered in favor of Plaintiff,

restraining Defendant and any and all individuals or entities acting in concert or

participation with Defendant, from using in connection with any product or

service or the manufacture, importation, exportation, sale, offering for sale,

Case 0:10-cv-61492-WPD Document 33 Entered on FLSD Docket 05/03/2011 Page 1 of 4


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distribution, advertising, promotion, labeling, or packaging of any product or

service, or for using for any commercial purpose whatsoever: (1) the designation

CORBIN FISHER (2) the Internet domain name www.corbinfisher.com and/or

any other URLs that incorporate the Plaintiffs distinctive marks; (3) any other

designation that is likely to cause dilution of the distinctiveness of the CORBIN

FISHER mark or injury to Plaintiffs business reputation; or (4) any other name,

mark or term likely to cause mistake in the mind of the public or to deceive the

public into the belief that Defendants business and/or products and/or services

are in any way associated with or related to Plaintiff or Plaintiffs products and/or

services; (5) engaging in any non-privileged activities that are calculated to, or

reasonably likely to, interfere with the business relationships, existing or

prospective, between the Plaintiff and its customers;

B. Defendant is hereby ordered to relinquish all rights in the Internet domain name

corbinfosher.com and to transfer this Internet domain name to Plaintiff; and

Defendant is ordered to relinquish all rights in any other Internet domain names

that contain the term Corbin Fisher or any other confusingly similar variation

thereof;

C. Defendant is hereby ordered to provide a list of all domain names that they own,

possess, control, or for which they serve as the Registered Name Holder so that

Plaintiff and any other interested parties may inspect this list for other trademark

infringements;

D. Moniker Online Services, the registrar of the domain name at issue, is hereby

directed to immediately transfer the domain name corbinfisher.com to Plaintiff



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Liberty, and Defendant is hereby ordered to cooperate in any such effort;

E. Failing such action by Moniker, Verisign, Inc., the concerned domain name

registry, is hereby directed to immediately transfer the domain name to Plaintiff,

and Defendant is hereby ordered to cooperate in any such effort;

F. Verisign, Moniker, and all other domain name registrars are hereby directed to

additionally freeze the entire domain name portfolio held by the Defendant;

G. Plaintiff is hereby awarded statutory damages under the Anti-cybersquatting

Consumer Protection Act, 15 U.S.C. 1125(d) in the amount of $100,000;

H. Plaintiff is hereby awarded reasonable attorneys fees, costs of Court and

disbursements incurred herein in view of Defendants intentional and willful

infringement, pursuant to 15 U.S.C. 1117(a) and (d); 15 U.S.C. 1125 (d)(3);

2. The Clerk shall CLOSE this case;

3. All pending motions are hereby DENIED as moot;

4. Plaintiff shall electronically serve Defendant Domain Administrator a copy of this

Order on or before May 6, 2011.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this

2nd day of May, 2011.



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Copies furnished to:

Counsel of Record


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