WOMEN TO WOMEN

2003 | Cited 0 times | D. Maine | April 28, 2003

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge filed with the court on April 1, 2003, with copies to the parties, his Recommended Decision on Plaintiff's Motion for Default Judgment. The time within which to file objections expired on April 18, 2003, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The plaintiff's motion for default judgment is GRANTED. Judgment is entered for the plaintiff against the defendant as follows:

1. The defendant is PERMANENTLY ENJOINED, pursuant to 15 U.S.C. § 1116(a), from further use of the "Woman to Woman" Mark in conjunction with the advertising or sale of products in International Class 5 (pharmaceuticals), including use of the mark in a domain name.

2. The defendant's profits in the amount of One Million Dollars ($1,000,000) are awarded to the plaintiff, pursuant to 15 U.S.C. § 1117(a).

3. The plaintiff is awarded its costs and reasonable attorney fees incurred in pursuing this action, pursuant to 15 U.S.C. § 1117(a).

SO ORDERED.

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