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Carrier Corporation v. Kaiver
State: Wisconsin
Court: Wisconsin Eastern District Court
Docket No: 1:2011cv00957
Case Date: 01/25/2012
Plaintiff: Carrier Corporation
Defendant: Kaiver
Preview:AO 450 (Rev. 5/85) Judgment in a Civil Case q
United States District Court
EASTERN DISTRICT OF WISCONSIN
CARRIER CORPORATION,
Plaintiff,
JUDGMENT IN A CIVIL CASE
v.
Case No. 11-C-957
DAVID KAIVER
d/b/a 1ST CHOICE HEATING,
Defendant.
:      Decision by Court.   This action came before the Court for consideration on a Motion for
Default Judgment.
IT IS HEREBY ORDERED AND ADJUDGED that Carrier Corporation is to recover from
David Kaiver the amount of $18,000 in damages, together with $4,909.50 in attorney’s fees and costs
of $594.90 for a total of $23,504.40.
IT IS FURTHER ORDERED that David Kaiver d/b/a 1st Choice Heating is enjoined from:
(1)  using the registered trademarks of Carrier, Bryant, Payne, and “Turn to the Experts,”
or other terms confusingly similar to the registered trademarks of Carrier, Bryant, Payne,
and “Turn to the Experts,” in connection with any website operated by him or on his behalf,
including metatags and search terms;
(2) using the registered trademarks of Carrier, Bryant, Payne and “Turn to the Experts” or
any other mark or designation confusingly similar thereto or colorable imitations thereof
in connection with the promotion, advertising, offering, manufacturing, distributing or
selling of his products and services;
Further, David Kaiver is ordered to destroy and certify to plaintiff and the Court that he has
destroyed all materials in his possession, custody or control which bear the registered trademark
designations of Carrier, Bryant, Payne and “Turn to the Experts.”




Finally, Kaiver is required to file with the Court within 30 days after entry of final judgment
a written statement, under oath, setting forth the detail and manner in which he has complied with
the Orders issued by this Court.
s/ William C. Griesbach
Approved:
WILLIAM C. GRIESBACH
United States District Judge
Dated:   January 25, 2012.
JON W. SANFILIPPO
Clerk of Court
s/ A. Wachtendonck
(By) Deputy Clerk





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