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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NESTL USA, INC., a Delaware
corporation,
Plaintiff,

vs.
GUNTHER GRANT, INC., a Delaware
corporation; GOT CHOCOLATES, INC.,
a New York Corporation; and Does 1
through 10

Defendants.
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CASE NO. CV-13-6754 MMM (ASx)
JUDGMENT FOR PLAINTIFF
On May 13, 2014, the court entered an order granting plaintiff Nestl USA, Inc.s motion
for default judgment against defendants Gunther Grant, Inc. and Got Chocolates, Inc.
Consequently,
IT IS ORDERED AND ADJUDGED
1. That plaintiff recover $90,000 in statutory damages under the Lanham Act and the
Anti-Cybersquatting Consumer Protection Act from defendants;
2. That plaintiff recover post-judgment interest on this amount pursuant to 28 U.S.C.
1961(a) at the rate of 0.10%;
Case 2:13-cv-06754-MMM-AS Document 25 Filed 05/13/14 Page 1 of 4 Page ID #:330
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3. That defendants are ordered to transfer all ownership and control of the domain
name wonkachocolates.com to plaintiff or its designee forthwith;
4. That defendants and their agents, employees, representatives, subsidiaries,
successors-in-interest, and all other persons, firms or entities acting in concert or
participation with them, directly or indirectly, and who have actual notice of this
judgment, are hereby permanently enjoined from:
(a) Registering, trafficking in, owning or using any domain name, website, or
internet based video and/or audio that incorporates the trademark WONKA,
as well as any domain name that is confusingly similar to the trademark;
(b) Manufacturing, advertising, distributing, marketing, promoting, offering for
sale, and/or selling in commerce chocolate and/or candy products using the
word WONKA and/or any word, design, logo, depiction, trademark, or
other packaging of chocolate and/or candy products likely to cause confusion
with the WONKA trademarks registered under Registration Nos. 2642865,
2298681, 4179340, and 4293553;
(c) Manufacturing, advertising, distributing, marketing, promoting, offering for
sale, and/or selling in commerce chocolate and/or candy products using a
depiction, design or representation of any kind of a top hat and/or a Golden
Ticket and/or any word, design, logo, depiction, trademark, or other
packaging of chocolate and/or candy products likely to cause confusion with
the WONKA common law trademark top hat and/or Golden Ticket
designs;
(d) Examples of products that violate the prohibitions set forth in paragraphs
4(b) and 4(c) above include, but are not limited to the following designs:
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(e) Manufacturing, advertising, distributing, marketing, promoting, offering for
sale, and/or selling in commerce the chocolate and/or candy products
described in paragraphs 4(b) through 4(d) above in such a manner so as to
suggest that any such products have any affiliation with or the sponsorship
of plaintiff Nestl U.S.A., Inc. or any of its affiliated entities;
(f) Assisting, aiding or abetting any other person or business entity in engaging
in or performing any of the activities referred to in paragraphs 4(a) through
4(e), above; and
(g) Effecting assignment or transfers, forming new entities or associations or
utilizing any other device for the sole purpose of circumventing or otherwise
avoiding the prohibitions set forth above in paragraphs 4(a) through 4(f)
above.
5. That defendants and their agents, employees, representatives, subsidiaries,
successors-in-interest, and all other persons, firms or entities acting in concert or
participation with them, directly or indirectly, and who have actual notice of this
judgment, are hereby ordered to destroy all packaging and confusingly similar
packaging (including all different flavors of fudge bearing similar packaging)
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depicted in paragraph 4(d), above, in their possession, custody, or control, and to
report the destruction to plaintiff Nestl U.S.A., Inc.s counsel within 30 days of
entry of this judgment.
6. That defendants and their agents, employees, representatives, subsidiaries,
successors-in-interest, and all other persons, firms or entities acting in concert or
participation with them, directly or indirectly, and who have actual notice of this
judgment are hereby ordered immediately to contact all of their agents, distributors,
retailers, and other resellers of the products depicted in paragraph 4(d), above, and
other products with confusingly similar packaging (including all different flavors
of fudge bearing similar packaging), and inform them in writing that such products
are not to be sold and must be returned to defendants immediately for destruction.
Defendants shall provide copies of all such communications to counsel for plaintiff
Nestl U.S.A., Inc. within 30 days of entry of this judgment.
7. That the action be, and hereby is, dismissed.
DATED: May 13, 2014
MARGARET M. MORROW
UNITED STATES DISTRICT JUDGE
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