IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Zita L. Weinshienk
Civil Action No. 97-Z-1592
OPPEDAHL & LARSON,
Plaintiff,
v.
ADVANCED CONCEPTS, ROBERT A. WELCH, 
CODE TEAM - LBK, INC., GEORGE WILLIAMS,
PROFESSIONAL WEBSITE DEVELOPMENT,
DAVE DEAN, MSI MARKETING, INC., and 
INTERNET BUSINESS SERVICES,
Defendants.

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Order, Judgment and Permanent Injunction with regard to defendant Williams

The matter before the Court is plaintiff's Motion For Permanent Injunction With Respect To Williams, which will be treated as a motion for default judgment. Notice of default was entered as to defendant Williams by the Clerk of the Court on October, 15, 1997. It appears to the Court that defendant George Williams has not appeared in this case, and that default judgment should be entered pursuant to Fed. R. Civ. P. 55(a). Accordingly, it is

ORDERED that the plaintiff's Motion For Permanent Injunction With Respect to Williams is granted. It is

FURTHER ORDERED that defendant Williams, his officers, agents, servants, employees and representatives and all other persons, firms or corporations in active concert or participation with them, be preliminarily and thereafter permanently enjoined and restrained from:

  1. using in any manner in connection with any of their web pages, including but not limited to "meta-tags" thereof, or in connection with any advertising or promotions of such web pages, the names and trademarks "OPPEDAHL," "LARSON," and "OPPEDAHL & LARSON" and an colorable imitation thereof; and
  2. doing any act or thing calculated or likely to cause confusion or mistake in the minds of members of the public or the trade, or prospective users of defendant's services, as to the source of services provided, produced, distributed, sold or offered for sale thereby, or likely to deceive members of the ublic or the trade, or prospective purchasers into believing that there is some connection between defendants and plaintiff or that defendant's web pages are being produced, distributed, sold or offered for sale with plaintiff's authorization.

It is

FURTHER ORDERED that, pursuant to 15 U.S.C. § 1118, defendant Williams shall destroy all media, packages, wrappers, receptacles, and articles in their possession nearing the mark "OPPEDAHL," "LARSON" and/or "OPPEDAHL & LARSON," or any reproduction, counterfeit, copy, or colorable imitation thereof, and all plates, molds, matrices, and other means of making the same. It is

FURTHER ORDERED that the Stipulation For Dismissal With Prejudice Of Defendant David Dean, treated as a motion to dismiss, is granted, and the Complaint and cause of action are dismissed with prejudice as to defendant Dean. It is

FURTHER ORDERED that the Stipulation Of Dismissal With Prejudice Of Defendants MSI Marketing, Inc., Professional Website Development and Internet Business Services, treated as a motion to dismiss, is granted. All claims against defendants MSI Marketing, Inc., Professional Website Development and Internet Business Services, which are not covered by the Order, Judgment and Permanent Injunction with regard to these three defendants, entered December 22, 1997, are dismissed with prejudice. It is

FURTHER ORDERED that this case is closed.

DATED at Denver, Colorado, this 6th day of February, 1998.

BY THE COURT:

<signed>

ZITA L. WEINSHIENK, Judge

United States District Court

ENTERED ON THE DOCKET

FEB 9, 1998

JAMES R. MANSPEAKER

CLERK