Case 2:08-cv-04851-FMC-MAN Document 19 Filed 04/07/2009 Page 1 of 3

1 Mark L. Smith (SBN: 213829)

marsmith@winston.com
2 WINSTON & STRAWN LLP
333 South Grand Avenue, 38th Floor
3 Los Angeles, CA 90071-1543
Telephone: 213-615-1700
4 Facsimile: 213-615-1750
5 Ronald Y. Rothstein (Admitted Pro Hac Vice)
rrothstein@winston.com
6 WINSTON & STRAWN LLP
35 W. Wacker Drive
7 Chicago, Illinois 60601
Telephone: 312-558-5600
8 Facsimile: 312-558-5700
9 Attorneys for Plaintiff CHRISTOPHER BOSH
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IN THE UNITED STATE DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
Los Angeles, CA 90071-1543
Winston & Strawn LLP
333 South Grand Avenue

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14 CHRISTOPHER BOSH, an individual, ) Case No. 2:08-cv-04851-FMC-MANx
)
15 Plaintiff, )
) AMENDED ORDER GRANTING
16 vs. ) DEFAULT JUDGMENT
)
17 LUIS ZAVALA, an individual, and )
HOOPOLOGY.COM ) The Honorable Florence-Marie Cooper
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Defendants. )
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)
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THE COURT has reviewed the Application of Plaintiff Christopher Bosh for
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default judgment against Defendant Luis Zavala. The Court has considered all of the
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evidence submitted in connection with Bosh's Application.
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More than 20 days have passed since service of the Summons and Complaint
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upon Zavala, and Zavala has failed to plead or otherwise defend as provided by the
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Federal Rules of Civil Procedure. Zavala is not in military service and is not an infant
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or incompetent person. Bosh provided written notice to Zavala of this Application
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[PROPOSED] AMENDED ORDER RE DEFAULT JUDGMENT
 Case 2:08-cv-04851-FMC-MAN Document 19 Filed 04/07/2009 Page 2 of 3

1 consistent with Local Rule 55-2.

2 NOW, THEREFORE, it is ORDERED that default judgment is entered against
3 Defendant Zavala and in favor of Plaintiff Bosh and that Bosh recover from Zavala
4 statutory damages in the amount of $100,000.00, prejudgment interest thereon based
5 on an annual rate of ten percent, which amounts to $27.40 a day from July 7, 2008 to
6 the date of entry of judgment herein, attorney's fees pursuant to Local Rule 55-3 in the
7 amount of $5,600.00, and costs in the amount of $1,420.02.
8 It is further ORDERED that Zavala and each of his agents, servants, employees
9 and attorneys, and those persons in active concert or participation with Zavala are
10 perpetually permanently enjoined and restrained:
11 a. from using the CHRIS BOSH name or any word, words, symbol,
Los Angeles, CA 90071-1543
Winston & Strawn LLP
333 South Grand Avenue

12 symbols, phrase or term confusingly similar thereto alone or prominently displayed in

13 promotional material, advertisements, web pages, signs, or in any other way in
14 connection with the advertising, distribution, offering for sale of products or services
15 not emanating from or authorized by Plaintiff;
16 b. from displaying as part of any domain name, in labels,
17 promotional material, advertisements, signs or in any other way the CHRIS BOSH
18 name or any word, words, symbol, symbols, phrase or term confusingly similar
19 thereto in connection with the sale of products or services;
20 c. from cybersquatting on the CHRIS BOSH name;
21 d. from infringing the CHRIS BOSH name;
22 e. from committing any acts of false designation of origin against
23 Plaintiff relating to the unauthorized use of the CHRIS BOSH name;
24 f. from diluting the CHRIS BOSH name;
25 g. from interfering with or unfairly competing with Plaintiff in any
26 manner whatsoever
27 2. It is further ORDERED that Defendant Luis Zavala immediately disable
28 and transfer the CHRISBOSH.COM domain name to Plaintiff Christopher Bosh.

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[PROPOSED] AMENDED ORDER RE DEFAULT JUDGMENT
 Case 2:08-cv-04851-FMC-MAN Document 19 Filed 04/07/2009 Page 3 of 3

1 3. Should Defendant Luis Zavala fail to disable and transfer the

2 CHRISBOSH.COM domain name to Plaintiff Christopher Bosh within three (3) court
3 days from the mailing of this Order, it is ordered that the registrar of record, currently
4 Rebel.com, immediately transfer the CHRISBOSH.COM domain name to Plaintiff
5 Christopher Bosh and allow Plaintiff Christopher Bosh to transfer the
6 CHRISBOSH.COM domain name to the registrar of Plaintiff Christopher Bosh’s
7 choice.
8 4. Should the registrar of record fail to disable and transfer the
9 CHRISBOSH.COM domain name to Plaintiff Christopher Bosh within forty-eight
10 (48) hours of Plaintiff’s request whether because Defendant Luis Zavala has
11 transferred the CHRISBOSH.COM domain name to another registrar, or otherwise, it
Los Angeles, CA 90071-1543
Winston & Strawn LLP
333 South Grand Avenue

12 is ordered that the operator of the “.com” top-level domain, Verisign, Inc.,
13 immediately disable the CHRISBOSH.COM domain name by changing the
14 nameserver entries to nameserver entries designated by Plaintiff Christopher Bosh and
15 transfer the CHRISBOSH.COM domain name to Plaintiff’s registrar of choice.
16 The Court shall retain jurisdiction over this action to the extent necessary to
17 enforce and interpret the injunctive relief granted.
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DATED: April 7, 2009
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Honorable Florence-Marie Cooper
22 United States District Court
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LA:229948.2
LA:229948.1 [PROPOSED] AMENDED ORDER RE DEFAULT JUDGMENT