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LLC v. Morin

United States District Court, W.D. North Carolina

April 21, 2018

AR15.COM, LLC, Plaintiff,
v.
LUCIEN GUY MORIN, II, INDIVIDUALLY AND D/B/A RIDGEBACK TACTICAL GEAR.COM, Defendant.

          FINAL CONSENT JUDGMENT

          Robert J. Conrad, Jr. United States District Judge

         This matter having come before the Court on the parties' Joint Motion for Entry of this Final Consent Judgment, (Doc. No. 9), and the Court being fully advised in the matter, it appearing that:

         1. As used herein, “Plaintiff” refers to AR15.Com, LLC.

         2. As used herein, “Defendant” refers to Lucien Guy Morin, II, individually and d/b/a Ridgeback Tactical Gear.Com.

         3. Defendant consents to the subject matter and personal jurisdiction of this Court.

         4. Since at least as early as October 9, 2006, AR15 has used a bolt face logo (the “Trademark”) on, and in connection with, various goods and services. The Trademark is shown below.

         (Image Omitted)

         5. Plaintiff is the owner of U.S. Registration Nos. 3, 461, 149; 4, 170, 316; 4, 755, 204; 4, 942, 800; and 4, 942, 804 for, and common law rights in, the Trademark in connection with a wide variety of goods and services, including but not limited to firearms; firearm sights; silencers for firearms; cases for firearms; covers for firearms; pouches; namely, shot pouches and cartridge pouches; belts for military equipment; shell belts; woven belts for military equipment; component parts for pistols; rifles and shotguns; firearm hand guards; gun barrels; gun mounts; gun stocks; magazines for weapons; and ammunition (U.S. Reg. No. 3, 461, 149) and on-line and physical retail store services (U.S. Reg. No. 4, 755, 204). These federally registered marks are on the Principal Register, and U.S. Reg. No. 3, 461, 149 has become incontestable under 15 U.S.C. § 1065.

         6. Over the years, AR15 has developed considerable goodwill in its business and in its Trademark. AR15's Trademark has acquired secondary meaning, and it has become associated with AR15 as a source of quality goods and services.

         7. Defendant owns and operates the online retail store located at https://ridgebacktacticalgear.com; a Twitter account located at https://twitter.com/RidgebackT; and a Facebook account located at https://www.facebook.com/Ridgeback.Tactical, which offer for sale, inter alia, firearms-related gear and survival gear. Defendant has used the following trademark on and in connection with his online retail store and social media accounts:

         (Image Omitted)

         8. Plaintiff alleges that: (i) Defendant's trademark as depicted above is confusingly similar to the Trademark and (ii) Defendant's unauthorized use of such a confusingly similar trademark will cause confusion, deception, and mistake, because the relevant public will believe that Defendant's goods and services are approved by, sponsored by, or affiliated with Plaintiff.

         9. Plaintiff alleges that unless and until Defendant's unauthorized use of such a confusingly similar trademark is permanently enjoined, Plaintiff will suffer irreparable injury, and the public will be confused and deceived.

         It is accordingly ORDERED and ADJUDGED that, the parties' Joint Motion for Entry of this Final Consent Judgment, (Doc. No. ...


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