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BBY Solutions, Inc. v. Parsons

United States District Court, D. Minnesota

March 6, 2014

BBY SOLUTIONS, INC., Plaintiff,
v.
NATHANIEL W. PARSONS, Defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT

SUSAN RICHARD NELSON, District Judge.

The above-entitled matter came on for hearing before the undersigned on March 6, 2014 pursuant to BBY Solutions, Inc.'s Motion for Judgment by Default (Dkt. No. 9) against Defendant Nathaniel W. Parsons. The Defendant has not answered the Complaint or otherwise defended in this action.

Based upon all of the files, records, and proceedings herein and the arguments of counsel, the Court being duly advised in the premises now makes the following:

FINDINGS OF FACT

1. Plaintiff BBY Solutions, Inc. ("Best Buy") personally served Defendant Nathaniel W. Parsons with a copy of the Summons and Complaint on December 11, 2013. (Dkt. No. 4.)

2. Defendant Nathaniel W. Parsons has failed to answer, plead, or otherwise respond to Best Buy's Complaint. (Dkt. No. 8.)

3. The Clerk of Court entered default against Defendant on January 8, 2014. (Dkt. No. 8.)

4. Best Buy properly provided Defendant with the Amended Notice of the March 6, 2014 Motion for Default Judgment hearing and properly served Defendant with all pleadings in support of its Motion for Default Judgment. (Dkt. Nos. 13, 14, 16.)

5. Best Buy is a multi-national consumer electronics retailer that owns and operates a 24-hour computer support service under the GEEK SQUAD® name and trademark. (Dkt. No. 1 at ¶ 1.)

6. Best Buy's GEEK SQUAD®-branded computer support service is North America's largest technology support organization. (Dkt. No. 1 at ¶ 1.)

7. Defendant Nathaniel W. Parsons founded, has owned and operated, and currently owns and operates at least two online computer support and technology support service businesses, which are held out under the names and. (Dkt. No. 1 at ¶ 2.)

8. Defendant's support service businesses, held out under the names and, provide and have provided remote goods and services via telecommunication and around the clock. (Dkt. No. 1 at ¶ 2.)

9. Best Buy's GEEK SQUAD name is registered as a service mark at the United States Patent & Trademark Office, as United States Trademark Registration No. 2, 744, 658, in connection with computer installation and repair, and in connection with design of computers, computer software and computer networks. (Dkt. No. 1 at ¶ 4 and Ex. A.)

10. Best Buy's GEEK SQUAD design is registered as a service mark at the United States Patent & Trademark Office, as United States Trademark Registration No. 1, 943, 643, in connection with computer installation and repair, and in connection with design of computers, ...


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