OUR CASE AGAINST THE INTERNATIONAL PROCUREMENT AND SUPPLY MANAGEMENT INSTITUTE PREVAILED
OUR CASE AGAINST THE INTERNATIONAL PROCUREMENT AND SUPPLY MANAGEMENT INSTITUTE PREVAILED
ON 16 JANUARY 2025, THE COURT DECIDED THE FOLLOWING:
1. The Clerk of Court is directed to enter Default Judgment against Defendant and in favor of IPSCMI;
2. Defendant's use of the marks "IPSCMI" and “INTERNATIONALPROCUREMENT AND SUPPLY CHAIN MANAGEMENTINSTITUTE", Websites at IPSCMI.US and IPSCMI.COM; and social media sites on Linkedln,X (formerly known as Twitter),and Facebook in connection with certification programs for supply chain management, purchasing management, and other certifications ("Defendant's Use of IPSCMI Marks") is a false designation of· origin, a false or misleading description of fact, and a false or misleading representation of fact,which is likely to cause confusion, or to cause mistake, orto deceive pursuant to Section 43(a) of the LanhamAct.15. U.S.C. §1125(a);
3. Defendant's Use of IPSCMI Marks violates IPSCMI's rights under the Delaware Deceptive Trade Practices Act.6Del. C.§2532, subsections(a)(l), (a)(2), (a)(3), (a)(5), and (a)(7).
4. Defendant's Use of IPSCMI Marks and Defendant's contacts with Plaintiff's alliance partners constitutes tortuous interference with existing business relations in violation of Delaware common law;
5. Defendant's Use of IPSCMI Marks and Defendant's contacts with students seeking Plaintiff's certifications and prospective alliance partners constitutes tortuous interference with prospective business relations in violation of Delaware common law;
6. Defendant's Use of IPSCMI Marks in violating Plaintiff's Marks is willful and exceptional;
7. Defendant shall pay IPSCMI the costs of the action and reasonable attorney fees pursuant to15U.S.C. §1117(a) and/or 6 Del.C.§2533(b); and
8. Within14 days of the date of this Judgment, Plaintiff shall file with the Court an application for reasonable attorney fees.
9. Defendant, its officers, agents, servants, employees, attorneys, and those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, shall be permanently enjoined from using the mark, brand name or any other mark(s) or name(s) comprising or containing the terms "INTERNATIONAL PROCUREMENT AND SUPPLY CHAIN MANAGEMENT INSTITUTE,, and/or "IPSCMI" in any manner in connection with any and all operations of its business, including, without limitation, the sale, advertising, promotion or distribution of any of its services;
10. Defendant, its officers, agents, servants, employees, attorneys, and those persons in active concert or participation with them who receive actual notice of this Order bypersonal service or otherwise, shall be permanently enjoined from using the certification mark(s), brand name(s) or any other mark(s) or name(s) comprising or containing the terms "CISCP" "CISCM" "CIPP" "CIPM" "CICCM" "CIPN" "CITLP" "CISM" "CIWIM" "CMPO" "PMPPC" and/or "CICM" in any manner in connection with any and all operations of its business, including, without limitation, the sale, advertising, promotion or distribution of any of its services;
11. Defendant, its officers, agents, servants, employees, attorneys, and those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, shall be permanently enjoined from operating websites and otherwise maintaining an electronic presence usingthe IPSCMI.COM and/or IPSCMI.US domains in any manner in connection withany and all operations of its business, including, without limitation, thesale, advertising, promotion or distribution of any of its services;
12. Defendant, its officers, agents, servants, employees, attorneys, and those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, shall transfer ownership and control of Defendant's IPSCMI.COM and IPSCMI.US domains to Plaintiff.
13. Defendant, its officers, agents, servants, employees, attorneys, and those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, shall transfer ownership and control of its accounts on the following online platforms: Linkedin (as "IPSCMI Official" at https://www.linkedin.com/company/ipscmi-official),Twitter or X(as"IPSCMI" at https://twitter.com/ipscmi), and Facebook (as "IPSCMI"and "Ipscmi" at https://www.facebook.com/ipscmi.official) to Plaintiff.
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