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In Re Slep-Tone Entertainment Corp.

November 2, 2011

IN RE SLEP-TONE ENTERTAINMENT CORP.


The opinion of the court was delivered by: Richard Smoak United States District Judge

consolidated cases,

ORDER

Before me is Plaintiff's Motion for Default Judgment (Doc. 78) against Defendants Jada Investment Group, Inc. ("Jada"), individually, and against Robert L. Paynter, Sr. ("Paynter") and Big Bob's Music Machine ("Big Bob's"), jointly and severally. None of the defendants against whom default judgment is sought have opposed the motion.

FINDINGS OF FACT

1. On March 2, 2010, Slep-Tone commenced this action against Defendants Jada, Paynter, Big Bob's (together, "the Defaulting Defendants") in the subordinate case 5:10-cv-71-RS/EMT. (5:10-cv-71, Doc. 1.)

2. On July 20, 2010, the Clerk issued a summons directed to the defaulting defendants. Id. at Doc. 11. Service of process was effected upon the defaulting defendants on October 18, 2010. Id. at Docs. 22, 23, & 28. The defaulting defendants failed to file a timely answer or other response to the Complaint, and default was entered as to them on January 7, 2011. Id. at Doc. 43.

3. Slep-Tone is the owner of U.S. Trademark Registration No. 1,923,448, for SOUND CHOICE®, and of U.S. Trademark Registration No. 2,000,725, for a display trademark SOUND CHOICE & Design® ("the Marks").

4. The defaulting defendants have used a reproduction, counterfeit, or copy of the Marks in connection with his providing karaoke services, by displaying that reproduction, counterfeit, or copy during the provision of his services.

5. Slep-Tone has elected to receive an award of statutory damages.

CONCLUSIONS OF LAW

1. Because of his default in this matter, Defendants Jada Investment Group, Inc. Robert L. Paynter, Sr. and Big Bob's Music Machine are deemed to have admitted those facts alleged in the Complaint, that are material to Slep-Tone's claims against him. See Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987).

2. By using counterfeit materials bearing the Marks to put on karaoke shows and by displaying the Marks during the course of those shows, the defaulting defendants have violated Section 43(a) of the Trademark Act of 1946, as amended, in that the display of Slep-Tone's marks constitutes a false designation of the origin of those materials.

3. The defaulting defendants acts further constitute a per se violation of FDUTPA. See TracFone Wireless, Inc. v. Access Telecom, Inc., 642 F. Supp. 2d 1354, 1365 (S.D. Fla. 2009)

4. An injunction forbidding the use of all unauthorized copies of karaoke tracks, is an appropriate remedy for the federal unfair competition and FDUTPA violations and would be appropriate to protect the rights of the Plaintiff, ...


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