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The American Automobile Association, Inc. v. AAA Anytime Towing & Recovery

United States District Court, D. Idaho

May 18, 2018

THE AMERICAN AUTOMOBILE ASSOCIATION, INC., Plaintiff,
v.
AAA ANYTIME TOWING & RECOVERY, and CHRIS K. TEAGUE, Defendants.

          MEMORANDUM DECISION AND ORDER AND ORDER TO SHOW CAUSE

          DAVID C. NYE U.S. DISTRICT COURT JUDGE

         I. INTRODUCTION

         Pending before the Court is Plaintiff, The American Automobile Association, Inc.'s (“AAA”) Motion for Order to Show Cause. Dkt. 14. Having carefully considered the record and otherwise being fully advised, the Court enters the following order GRANTING the Motion. Additionally, the Court hereby orders that Defendants AAA Anytime Towing and Recovery (“AAA Anytime”) and Chris Teague appear and show cause why they should not be held in contempt for failure to comply with the Court's prior order.

         II. BACKGROUND

         AAA initiated this action on October 25, 2016, claiming that AAA Anytime and Chris Teague (collectively “Defendants”) knowingly and willfully infringed on its famous and distinctive trademarks (the “AAA Marks”). AAA asserted that AAA Anytime violated the law by “us[ing] and continu[ing] to use the AAA Marks in connection with a business offering towing and other emergency roadside services . . . without authorization and with full knowledge that they are not authorized to use those marks.” Dkt. 1, ¶ 2.

         AAA's Complaint included claims against Defendants for trademark infringement, false designation of origin, unfair competition, dilution, and cybersquatting in violation of Sections 32, 43(a), 43(c), 43(d) of the Federal Trademark Act (the “Lanham Act”), 15 U.S.C. §§ 1114, 1125(a), 1125(c), and 1125(d). Additionally, AAA alleged various state law and common law violations. Dkt. 1, ¶¶ 1-2, 35-69. AAA sought injunctive relief, monetary damages, restitution, and all other appropriate relief, including an order (1) enjoining Defendants from using the AAA Marks in the business name “AAA Anytime Towing & Recovery, ” and (2) transferring the domain name AAAANYTIMETOWING.COM. See id.

         On October 27, 2016, AAA served Defendants with the Summons and copy of AAA's Complaint. Dkt. 4. To date, Defendants have neither answered nor otherwise responded to AAA's Complaint. On November 23, 2016, AAA moved for entry of default. Dkt. 8. Defendants never responded. On December 20, 2016, the Clerk of the Court entered default against Defendants. Dkt. 9. On January 19, 2017, AAA moved for entry of Default Judgment against Defendants. Dkt. 10. Defendants never responded. On June 7, 2017, the Court granted AAA's Motion for Default Judgment, and ordered that “Plaintiff shall have Judgment against Defendants” as follows:

1. Final Judgment is hereby entered in favor of Plaintiff AAA against Defendants AAA Anytime Towing & Recovery and Chris K. Teague, jointly and severally, in the amount of $10, 640.20, representing recoverable costs and attorneys' fees incurred in this matter.
2. Pursuant to the Court's authority under 15 U.S.C. § 1116(a), Defendants, their agents, servants, employees, attorneys, and any and all persons in active concert or participation with any of them, are hereby permanently enjoined and restrained from:
a. Using without the authorization of AAA any of AAA's Marks, logos, and trade names, including, but not limited to, the designation “AAA” or any other name, logo, or Mark that includes the designation “AAA” or that is confusingly or deceptively similar to any of AAA's Marks, logos, and trade names, either alone or in conjunction with other words or symbols, as part of any trademark, service mark, logo, trade name, corporate name, assumed name, domain name, on or in relation to any goods or services sold or distributed by Defendants, or in any other manner; and
b. Using any combination of multiple letter “A's” in any form or manner that would tend to identify or associate Defendants or their business or services with AAA, including, without limitation, in the marketing, promotion, advertising, identification, sale or distribution of goods or services, or in any other manner.
3. Defendants must transfer to AAA any and all domain names in their or their agents' possession, custody, or control that include the AAA Marks, including but not limited to the domain name AAAANYTIMETOWING.COM.
4. Defendants must destroy all literature, signs, labels, prints, packages, wrappers, containers, advertising materials, Internet content, stationery, software, and any other items in their possession or control which contain the infringing designations “AAA, ” or any term confusingly similar to “AAA, ” either alone or in combination with other words or symbols and to destroy all plates, molds, matrices, masters, and other means of making any of those infringing items.
5. Defendants must cancel or amend any assumed business names, any business name, trade name, or corporate registrations or applications, and any other public filings that contain the AAA Marks, or any other confusingly similar name, logo, or mark, including, but not ...

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