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Panama 206 Consent Judgment .pdf



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Case 5:11-cv-00032-RS-CJK Document 206 Filed 07/23/12 Page 1 of 4

THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

In re SLEP-TONE ENTERTAINMENT
CORPORATION consolidated cases.

Civil Action No. 5:11cv32-RS/EMT

CONSENT JUDGMENT
By consent of Plaintiff Slep-Tone Entertainment Corporation (“Slep-Tone”)
and Defendant Shawn P. Kelley (“Kelley”), the Court hereby enters judgment for
the Plaintiff, Slep-Tone Entertainment Corporation (“Slep-Tone”) on all claims. In
support of the judgment, the Court makes the following:

STIPULATED FINDINGS OF FACT
1.

Slep-Tone is the owner of U.S. Trademark Registration No. 1,923,448 for
the trademark SOUND CHOICE, and of U.S. Trademark Registration No.
2,000,725, for a display trademark as follows:

(together, “the Sound Choice Marks”).

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Case 5:11-cv-00032-RS-CJK Document 206 Filed 07/23/12 Page 2 of 4

2.

Kelley made use of unauthorized duplicates of karaoke accompaniment
tracks marked with the Sound Choice Marks to provide karaoke
entertainment services to patrons at various times and places.

3.

The marks on the unauthorized duplicates are identical to the marks
registered as described above and are identical to the marks placed by SlepTone on its own goods.

4.

Slep-Tone did not authorize Kelley to make or use the unauthorized
duplicates for commercial purposes.

5.

The Sound Choice Marks are strong trademarks, having been registered and
in continuous and substantially exclusive use for a long period of time and
having been acknowledged under 15 U.S.C. § 1065 as incontestable.

6.

The use of unauthorized duplicate karaoke accompaniment tracks by Kelley
to provide commercial karaoke services is likely to cause confusion among
the consuming public as to the source of the goods used by Kelley and
marked with the Sound Choice Marks.

7.

Slep-Tone has suffered significant damage to its property.

8.

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

9.

The parties have consented to the entry of this judgment.

Based upon the foregoing Stipulated Findings of Fact, the Court makes the
following:
2

Case 5:11-cv-00032-RS-CJK Document 206 Filed 07/23/12 Page 3 of 4

CONCLUSIONS OF LAW
1.

This Court has personal jurisdiction over the parties in this case, and venue
is proper herein.

2.

This Court has jurisdiction over the subject matter of this case under 28
U.S.C. § 1331 because the action is founded upon an act of Congress.

3.

Kelley’s actions constitute trademark infringement involving counterfeiting.

4.

Slep-Tone is entitled to a significant damage award of at least $1,000 and as
much as $2,000,000 per registered mark infringed.

5.

A statutory damage award of $25,000.00 is reasonable in consideration of
the economic value of Kelley’s infringement and Kelley’s consent to its
entry, and the amount of the award is sufficient to provide a significant
deterrent effect to Kelley and others who would act similarly.

6.

Slep-Tone is also entitled to the entry of a permanent injunction against the
unauthorized use of the Sound Choice Marks by Kelley.

Accordingly, in view of the foregoing, it is hereby ORDERED, DECREED,
and ADJUDGED as follows:
A.

Judgment is hereby entered in favor of Slep-Tone Entertainment Corporation
against Shawn P. Kelley in the amount of Twenty-Five Thousand Dollars
($25,000.00), together with interest thereon at the legal rate until paid.

3

Case 5:11-cv-00032-RS-CJK Document 206 Filed 07/23/12 Page 4 of 4

B.

Kelley and all those acting in privity with him who have actual knowledge
of this injunction are hereby ENJOINED from making, copying, sharing,
distributing, selling, or otherwise using digitized copies of karaoke
accompaniment tracks, commercially or otherwise, which tracks are marked
with either the mark in U.S. Trademark Registration No. 1,923,448, for
SOUND CHOICE®, or the mark in U.S. Trademark Registration No.
2,000,725, for a display trademark SOUND CHOICE & Design®, without
the prior, express written permission of Slep-Tone Entertainment
Corporation or its successor-in-interest, if any, to the ownership of those
marks.

C.

This Court retains jurisdiction over this matter for the purposes of enforcing
paragraph B above.

No costs to either party.

ORDERED on July 23, 2012.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE

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