Free Order on Motion for Default Judgment - District Court of Delaware - Delaware


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Pages: 3
Date: April 24, 2008
File Format: PDF
State: Delaware
Category: District Court of Delaware
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Case 1 :07-cv-00518-GIVIS Document 18 Filed O4/24/2008 Page 1 of 3
Case 1 :07-cv-OO518—Gl\/IS Document 13-2 Filed 11/15/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THE WAY NTERNATIONAL, )
Plaintiff, g
v. g C.A. No. 07-518-GMS
CARL A. TURNER, Sr. and THE WAY i
MINISTRIES, INC., )
Defendants. g
$B.QE.I$
This matter is before the Court on Plaintiffs Motion for Default Judgment filed against
the Defendants, Carl A. Tumer, Sr. and The Way Ministries, Inc. (collectively and individually,
"Defendants"). Having reviewed the motion and supporting memorandum tiled by Plaintiff The
Way Internationai ("The Way"), and pursuant to Federal Rule of Civil Procedure 55(b), IT IS
HEREBY ORDERED ADJUDGED AND DECREED THAT:
l. Plaintiffs Motion for Default Judgment is GRANTED;
2. Defendants and their agents, servants, employees, representatives, successors, and
assigns and all other persons, firms, or corporations in active concert or participation with
Defendants who receive actual notice of this Order are hereby permanently enjoined from:
(a) directly or indirectly engaging in unfair competition with Plaintiff by
means of any activities, including, but not limited to, conducting, promoting,
and/or advertising their business andf or services under the mark "The Way
Ministries," or the domain name or any other name or mark
utilizing any variation of Plaintiff s THE WAY marks;

Case 1 :07-cv—OO518-GIVIS Document 18 Filed O4/24/2008 Page 2 of 3
Case 1:O7—cv-0O518—GlVlS Document 13-2 Filed 11/15/2007 Page 2 of 3
(b) using Plaintiffs THE WAY Marks and/or any marks confusingly
similar thereto, or any reproduction, counterfeit, copy, or colorable
imitation thereof, in connection with conducting, promoting, and/or
advertising any religious or spiritual services of any nature, including
religious educational services and related materials;
(c) directly or indirectly engaging in unfair competition with
Plaintiff in any manner, including distributing print, broadcast, or
other forms of advertising or promotional materials, including but
not limited to website and e-mail advertising and promotional
material, which in any manner misrepresent the nature,
characteristics, qualities, or source of their services, cr make use of
Plaintiff s THE WAY Marks;
(d) engaging in any conduct that tends falsely to represent that,
or is likely to confuse, mislead, or deceive consumers, Defendants’
customers and/or subscribers, and/or members of the public to
believe that, the actions of Defendants, or the services or products
sold or offered by Defendants, are connected with Pla;intiff, are
sponsored, approved, or licensed by Plaintiff, or are in some way
connected or affiliated with Plaintiff.
2

Case 1:07-cv—OO518-Gl\/IS Document 18 Filed O4/24/2008 Page 3 of 3
Case 1:07-cv-00518-GMS Document 13-2 Filed 11/15/2007 Page 3 of 3
3. The domain name be transferred from Defendants to
Plaintiff and that Defendants take all steps necessary to effectuate that transfer.
. 1 M t .
IT IS SO ORDERED, this bl day of APN l , 2.008 ’.
/
nite tates District Jud e
832270 / 32139
F I L E D
¤%?.43§$‘§*é%2E§’l9§$E
3

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