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Background
Plaintiff is the owner of all rights in the trade name
marks
(collectively
referred
to
as
COOLMATH
the
world
.,
including
in
connection
with
Plaintiff
has
taken
with
its
services,
Plaintiffs
domain
name.
(Id.
at
20).
In
name,
Defendants
launched
website
at
which
was
aimed
at
students
identical
and/or
sent
letter
to
Wade
concerning
Defendants
Legal Standard
Federal Rule of Civil Procedure 55(a) provides: When a
default.
district
court
may
enter
default
Liability
A.
(2)
that
the
unauthorized
use
was
likely
to
cause
Plaintiff
contends
that
there
is
no
question
that
In
registered
the
Complaint,
the
COOLMATH
Plaintiff
Mark
posits
U.S.
that
it
has
Registration
No.
of
mathematics
and
science
[e]ducation
in
end,
Plaintiff
avers
that
U.S.
Registration
No.
At,
15
U.S.C.
1065,
and
therefore
serves
as
Plaintiff
argues
that
it
has
never
Likelihood of Confusion
its
entirety
and
are
using
the
identical
mark
on
goods
and
advertising
methods.
services,
(Id.).
sales
Namely,
and
as
methods,
alleged
in
and
the
Infringing
Mark
is
causing
actual
confusion
in
the
services
associated
with
offered
or
under
sponsored
the
or
Infringing
approved
by
Mark
are
Plaintiff.
10
COOLMATH
Mark
with
the
Defendants
Infringing
Mark.
Section
43(a)
of
the
Lanham
Act,
15
U.S.C.
11
or
commerce
are
unlawful.
Fla.
Stat.
501.204,
the
allegations
of
the
Complaint
must
same
violation
for
of
unfair
the
competition
state
law
of
under
unfair
the
Lanham
competition,
Act,
and
12
The
facts
alleged
in
the
Complaint
establish
that
Defendants,
however,
did
not
begin
using
the
the
coolmathgamesforfun.com
domain
name
and
created
the
domain
names
www.MedPets.com
and
www.1888MedPets.com in 2001.)).
Likewise, as set forth above, the allegations in the
Complaint are sufficient to establish that the Infringing
Mark is confusingly similar to Plaintiffs COOLMATH Mark. See
Id. (finding that a showing of likelihood of confusion for
13
has
established
that
Defendants
marketing,
Infringing
Mark
amounts
to
unfair
competition
in
Cybersquatting
establish
claim
under
the
Anticybersquatting
Plaintiff
its
has
alleged
Cybersquatting
claim.
sufficient
As
set
facts
forth
to
above,
14
registration
of
the
coolmathgamesforfun.com
Plaintiff,
Defendants
launched
website
at
19).
Defendants
website
is
virtually
identical
to
15
have
admitted
all
Accordingly,
the
of
the
Court
above
enters
well-plead
judgment
on
ordinary
trademark
infringement
actions[,]
16
that
[i]t
is
generally
recognized
in
trademark
Defendants
and
shareholders,
attorneys,
their
officers,
principals,
servants,
employees,
agents,
licensees,
affiliates,
17
18
constituting
Mark;
an
infringement
of
the
COOLMATH
19
prints,
packages,
promotional
and
marketing
Defendants
otherwise,
pursuant
to
incorporating,
any
order
of
featuring,
or
the
Court
bearing
or
the
Finally,
transferred
Defendant
the
shall
transfer
coolmathgamesforfun.com
or
cause
domain
to
be
name
to
Monetary Damages
Although
defaulted
defendant
admits
well-pleaded
20
2008)
(internal
quotation
marks
omitted).
If
default
finds
hearing
unnecessary
to
determine
The
the
Court
determine
has
sufficient
damages
without
record
a
evidence
hearing
and
(2)
to
properly
Plaintiffs
claim,
15
U.S.C.
1125(d), against
court,
to
recover,
instead
of
actual
damages
and
21
courts
have
wide
discretion
in
awarding
22
the
Court
finds
that
such
an
award
the
defendants
deterrent
and
the
effect
potential
on
others
for
besides
the
discouraging
the
23
Fla. June 18, 2013)(citing St. Lukes Cataract & Laser Inst.,
P.A. v. Sanderson, 573 F.3d 1186, 1204-05 (11th Cir. 2009)).
The Court is satisfied that statutory damages in the
amount of $15,000, coupled with the injunctive relief set
forth above, will serve as a sufficient deterrent against any
future wrongful conduct by Defendants. Thus, based on the
relevant factors discussed previously and the circumstances
of this case, the Court finds that statutory damages in the
amount of $15,000 is an appropriate, just, and reasonable
award.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)
Plaintiff
Coolmath.com,
LLCs
Motion
for
Default
Coolmath.com
LLC
and
against
Defendants
Evertap LLC, Cool Math Games For Fun, LLC and Ryan Wade
in the amount of $15,000. Thereafter, the Clerk is
directed to CLOSE THIS CASE.
(3) The Court declines to retain jurisdiction over this
matter. In the event Defendants fail to adhere to this
24
25