Faegre & Benson, LLP v. PurdyFaegre & Benson, LLP v. Purdy
MEMORANDUM OF LAW & ORDER
I. INTRODUCTION
This mаtter is before the Court on Plaintiffs’ Motion for Order to Show Cause and for Clarification of Injunction. [Docket No. 91] Defendant William Purdy also filed a third motion requesting recusal of Judge Michael Davis. [Docket No. Ill] The Court heard oral argument on March 7, 2005.
II. FACTUAL BACKGROUND
A. Procedural Background
Plaintiffs Faegre & Benson, LLP (“Faegre”), Felicia Boyd, and John H. Hinderaker filed a complaint against William S. Purdy, Sr., Please Don’t KILL Your Baby (“PDKYB”), and Does 1-10, on December 15, 2003, alleging that Defendants registered numerous internet domain names that are confusingly similar to Faegre’s protected mark and that statements on the web sites were defamatory.
On January 5, 2004, the Court issued an order granting Plaintiffs’ motion for a preliminary injunction and for a temporary restraining order (“Januаry 5 Order”). The January 5 Order applied to Purdy and stated, in relevant part:
2. Defendants and their officers, agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Order are also preliminarily enjoined from registering or using any domain name that both (1) incorporates, and is identical or confusingly similar to, Faegre’s distinctive and protected marks FAEGRE & BENSON, FAEGRE, FAEGRE.COM or FAEGRE & BENSON LLP or any other marks identical or confusingly similar to any marks used or owned by Faegre, and (2) does not alert the Internet user to the protest or critical commentary nature of the attached web site within the language of the domаin name itself.
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5. Defendants and their officers, agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Order are also preliminarily enjoined from using any trademark that is identical or confusingly similar to Faegre’s distinctive and protectedmarks FAEGRE & BENSON, FAEGRE, FAEGRE & BENSON LLP, and FAEGRE.COM, or any other mark used or owned by Faegre.
6. All Defendants and their officers, agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Order are temporarily and preliminarily prohibited and enjoined from displaying any web site, the appearance of which is identical or confusingly similar to the trade dress of Faegre’s web site at faegre.com.
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11. All Defendants and their officers, agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Order are ordered to cease illegal appropriation of the names of the Plaintiffs and all individuals associated or affiliated with the Plaintiffs.
Purdy filed an appeal of the January 5 Order with the Eighth Circuit Court of Appeals, and the Eighth Circuit affirmed that Order on April 4, 2005.
On September 1, 2004, the Eighth Circuit issued an opinion affirming a similar injunction against Purdy in the case of
Coca-Cola Co. v. Purdy,
On November 16, 2004, Plaintiffs filed this second motion for contempt.
B. Trade Dress
Beginning in March 2004, and continuing until at least February 16, 2005, Purdy has posted a web рage at johnkerrys-peaks.com that contains portions of Faegre’s trade dress. Exh. 60 to Fourth Beutz Decl. (web page as of March 2004); Exh. 68 to Fifth Beutz Decl. (web page as of April 2004); Exh. 96 to Seventh Beutz Decl. (web page as of November 2004); Exh. 126 to Eighth Beutz Decl. (web page as of February 2005). Plaintiffs refer to this web page as “Counterfeit Faegre Page 1.” The web page contains large, graphic photographs that purport to show aborted fetuses. The main text on the page discusses Purdy’s opinion that Faegre is attempting to silence his speech criticizing its alleged support of abortion. In the upper-left-hand corner of the web page, below the name “Faegre & Benson LLP,” is the disclaimer “Critical Satire Parody Page.”
In September 2004, Purdy posted an altered version of Faegre’s redesigned web page at pleas edontkillyour baby, com/faegre- benson-law-firm- blood-dripping.htm and at thedemocraticnational comm ittee.com/ officialfaegre- bensonla-woffiee website.htm. Plaintiffs refers to this web page as “Counterfeit Faegre Page 2.” Exh. 97 to Seventh Beutz Decl. (web page as of November 2004). The domain name faegre-law-love- democra-ticjudges michaeldavis-judge annmontgom-ery.com, which is registered to PDKYB, also directs users to Counterfeit Faegre Page 2. Seventh Beutz Decl. ¶ 4; Exh. 98 to Seventh Beutz Decl.; Exh. 121 to Eighth Beutz Decl. (web page as of February 2005). Counterfeit Faegre Page 2 also
Purdy also posted a third iteration of an altered faegre.com web page at please-dontkillyour ba by.com/faegre- bеnson-law-firm -blood-dripping.htm, which Plaintiffs refer to as “Counterfeit Faegre Page 3.” See Exhs. 101-05 to Seventh Beutz Decl. (web page as of September 2004 through November 2004). Counterfeit Faegre Page 3 also appears at other domain names, such as pleasedontkill yourba-by.com. See Seventh Beutz Decl. ¶ 12; Exhs. 123, 125, 127 to the Eighth Beutz Declaration (multiple versions of web page as of February 2005). Counterfeit Faegre Page 3 contains copying of Faegre’s trade dress and is dominated by a large graphic photograph purporting to show a dismembered fetus. In the upper-left-hand corner of the web page, below the name “faegre.com” is the phrase “Official Faegre Website Parody.” As on the previous two web pages, the main text on the page discusses Purdy’s opinion that Faegre & Benson is supporting abortion and is attempting to silence his speech criticizing its alleged support of abortion.
C. Infringing Domain Names
Purdy has posted web pages at the following four domain names, all of which Faegre alleges violate the ACPA: faegre-benson- tencommandments.com, faegre-benson-vote forpresidentbush.com, john-faegre-kerry. com, and faegre-law-love-democraticjudges miehaeldavis- judgeann-montgomery. com. In its September Contempt Order, the Court specifically ordered Purdy to cease using the first three of these domain names. Sept. 2 Contempt Order at 14-15. [Docket No. 86] On January 20, 2005, Purdy ceased to post content at the first three web sites. Eighth Beutz Decl. ¶ 4; Purdy Decl. ¶ 3; Exh. 120 to Eighth Beutz Decl.
D. Metatags
The source code of Purdy’s Counterfeit Faegre Pages 2 and 3 contain metatags from faegre.com, including the trademarked terms “Faegre & Benson” and “Faegre and Benson,” and some meta-descriptions taken from Faegre’s web page. See generally Fifth Scoville Decl. [Docket No. 97]
A ‘meta tag’ is a list of words normally hidden in a web site that acts as an index or reference source identifying the content of the web site for search engines. This has been analogized to the subject index of a card catalog indicating the general subject of a book.
4 McCarthy on Trademarks & Unfair Competition § 25:69 (4th ed.) (footnote оmitted). Internet search engines use a variety of factors to rank web pages, including metatags. Id.
Due in part to Purdy’s extensive use of Faegre’s metatags and the content of the faegre.com web page, certain internet search engines, such as Yahoo, prominently display his web sites in results generated in response to queries that include Faegre’s trademarks.
See
Exh. 11 to Fifth Scoville Decl.; Fifth Scoville Decl. ¶¶ 23-26. Purdy’s web pages do not appear as prominent responses to queries in other search engines, such as Google. Altman Aff. ¶ 2. Because Purdy uses the description tags from faegre.com, on some search engines that display the description tags, the description of Purdy’s web page includes portions of the description of
E. John Hinderaker
Plaintiff John Hinderaker publishes a popular internet blog — or web log — entitled “Power Line,” located at powerlineb-log.com, under the pseudonym “Hindrock-et.” Hinderaker Decl. ¶ 5. On September 13, 2004, a statement appeared on the discussion board on pleasedontkill yourba-by.com/ Discussion that purported to be by Hinderaker. Exh. 107 to Seventh Beutz Decl. Hinderaker did not create or authorize use of the posting attributed to his name. Hinderaker Decl. ¶ 3.
On November 6, 2004, Purdy registered the domain name “hindrocket.com” and directed that domain name to a web page proclaiming to be the “Official John Hinde-raker Site.” Exhs. 108-09 to Seventh Beutz Decl.; Exh. 122 to Eighth Beutz Decl. The web page contains criticism of Hinderaker related to his alleged stance on abortion.
III. DISCUSSION
A. Motion for Recusal
On March 4, 2005, Purdy filed his third Motion for Recusal of Judge Michael J. Davis. [Docket No. Ill] He argues that this Court should recuse itself because language within the Court’s March 18, 2004, Order [Docket No. 50] demonstrates a bias against Purdy, and because the web sites at issue in this current contempt motion are highly critical of this Court, including the language within one of the domain names. The Court rejected these same arguments in its April 26, 2004 Order denying Purdy’s second motion for recusal. [Docket No. 71] The Court reasoned that the language in the March 18 Order did not indicate that the Court was biased against Purdy. It also concluded that it would not disqualify itself based on any criticism posted by Purdy after the commencement of the current litigation. As orally ordered on March 7, 2005, and based on the reasoning of the Court’s April 26 Order, Purdy’s third motion for recusal is denied.
B. Contempt Standard
In a civil contempt proceeding, the moving party must prove, by clear and convincing evidence, that the person allegedly in contempt violated the court’s order.
Chicago Truck Drivers v. Bhd. Labor Leasing,
Once the moving party has met its burden, the burden shifts to the nonmov-ing party to show inability to comply.
Chicago Truck Drivers,
“Civil contempt may be employed either to coerce the defendant into compliance with a court order or to compensate the complainant for losses sustained, or both.”
Chicago Truck Drivers,
C. Trade Dress Infringement
Plaintiffs argue that Purdy’s Counterfeit Faegre Pages 1, 2, and 3 are confusingly similar to Faegre’s web site at faegre.com, in violation of Paragraph 6 of the January 5 Order, because they infringe on Faegre’s trade dress. Paragraph 6 enjoins Purdy from “displaying any web site, the appearance of which is identical or confusingly similar to the trade dress of Faegre’s web site at faegre.com.”
Plaintiffs note that the counterfeit web pages feature the same color scheme, layout, buttons, fonts, and graphics as faegre. com. They argue that the overall impression created by Purdy’s web pages is dominated by the substantial incorрoration of Faegre’s home page. Purdy responds that his web pages are parodies and that they prominently display parody disclaimers. He asserts that the large pictures purporting to show dismembered fetuses are not the type of picture that would appear on Faegre’s official web site and, thus, are unlikely to confuse the internet user.
Trade dress is entitled to protection under the Lanham Act if: “(1) it is inherently distinctive or has acquired distinctiveness through secondary meaning; (2) it is primarily nonfunctional; and (3) its imitation would result in a likelihood of confusion in consumers’ minds as to the source of the product.”
Insty*Bit, Inc. v. Poly-Tech Indus., Inc.,
A parody does not receive absolute protection from trademark law; however, “a parody contained in an obvious editorial context is less likely to confuse, and thus [is] more deserving of protection than [trade dress and trademarks] displayed on a product.”
Anheuser-Busch, Inc. v. Balducci Publ’ns,
When determining the likelihood of confusion, the Court considers “(1) the strength of the owner’s mark; (2) the similarity between the owner’s mark and the alleged infringer’s mark; (3) the degree to which the products compete with each other; (4) the alleged infringer’s intent to ‘pass off its goods as those of the owner; (5) incidents of actual confusion; and (6) the type of product, its costs, and conditions of purchase.”
Insty*Bit, Inc. v. Poly-Tech Indus., Inc.,
The most substantial factor in this case is the extent of the similarity between Faegre’s trade dress and the appearance of Purdy’s web pages. Although the web sites at issue do contain exact copies of portiоns of Faegre’s trade dress, their overall dissimilarity from Faegre’s page creates a low likelihood of confusion. Pur-dy’s web pages are dominated by graphic photographs purporting to show aborted fetuses, which are not similar to or related to any content or design on Faegre’s official web page, or to the content or design that a consumer would be likely to expect to find on a law firm web site. Much of the text of Purdy’s web pages consists of clear criticism of Faegre’s alleged position on abortion and on its actions in this litigation. This critical text is not similar to the text found on Faegre’s web page or to the type of text a consumer wоuld be likely to think was sponsored by Faegre. Finally, each web page contains a clear parody disclaimer stating “Critical Faegre Website Parody” or “Official Faegre Parody Website.” These disclaimers, combined with the prominent photographs that are jarringly unlike anything that a consumer would expect on an official law firm web page, should alert the consumer that the web pages are parodies; thus, they are less likely to confuse consumers as to the sponsorship, affiliation, or source of Pur-dy’s web pages. “The ultimate inquiry always is whether, considering all the circumstances, a likelihood exists that consumers will be confused about the source of the allegedly infringing product.”
Hubbard Feeds, Inc. v. Animal Feed Supplement, Inc.,
Because Purdy’s web sites are not likely to cause confusion among consumers, the Court determines that his use of Faegre’s trade dress does not constitute trade dress infringement and is not in violation of the Court’s Order.
D. Cybersquatting
Plaintiffs assert that Purdy violated Paragraph 2 of the January 5 Order by controlling and posting web pages at the following four domain names: faegre-ben-son- tencommandments.com, faegre-ben-son-vote forpresidentbush. com, john-faegre-kerry. com, and faegre-law-love- de-mocraticjudge smichaeldavis- judgeann-montgomery .com. The Court specifically ordered Purdy to cease using the first three of these domain names in its September Contempt Order, on the grounds that those three names were confusingly similar to Faegre’s protected mark. Plaintiffs assert that the fourth domain name is also confusingly similar to its mark and does not alert internet users to the protest or critical commentary nature of the attached web site within the language of the domain name itself.
Purdy asserts that he has attempted to comply with the Court’s Order, but Gandi, the registrar, would not allow him to direct the three explicitly prohibited domain names to an error page. Purdy Deck ¶ 3. The Court already determined that Purdy has the ability to control the three explicitly prohibited domain names, Sept. 2 Contempt Order at 18 [Docket No. 86], and Purdy has рrovided no new evidence to convince the Court that he has lost the ability to control the use of those names. Although the three domain names no longer direct the internet user to any content, by continuing to display content on those pages after the Court’s explicit instruction that he cease to do so, Purdy was clearly in violation of the Court’s Jan
The Court determines that Pur-dy is not in contempt for his use оf the domain name faegre-law-1 ove-democra-tiejudgesmichaeldavis-judgeannmontgom-ery.com, which was not specifically prohibited by the Court’s prior Orders and is not identical nor confusingly similar to Plaintiffs’ marks. This domain name constitutes a statement of Purdy’s opinion regarding the relationship between Faegre and Judge Montgomery and Judge Davis rather than a bad faith intent to profit from Faegre’s protected mark. 15 U.S.C. § 1125(d). Purdy has the right to use “expressive domain names that are unlikely to cause confusion.”
Coca-Cola Co. v. Purdy,
E. Metatags
Plaintiffs assert that Purdy’s use of Faegre’s trademarks in the metatags for his web pages violates Paragraph 5 of the Court’s January 5 Order, but request clarification of that Order in order to alleviate any possible ambiguity.
See PACCAR Inc. v. TeleScan Techs., L.L.C.,
Paragraph 5 enjoined Purdy “from using any trademark that is identical or confusingly similar to Faegre’s distinctive and protected marks FAEGRE & BENSON, FAEGRE, FAEGRE & BENSON LLP, and FAEGRE.COM, or any other mark used or owned by Faegre.” In order to show trademark infringement under the Lanham Act, Plaintiffs must show that they have a mark entitled to protection and that Purdy’s use of thе mark is likely to confuse consumers as to the source of Purdy’s product or services. 15 U.S.C. § 1125(a);
Everest Capital Ltd. v. Everest Funds Mgmt., L.L.C.,
Plaintiffs assert that use of a competitor’s trademark in a web page’s metatags with the purpose of diverting internet users from their intended web site destination constitutes trademark infringement under the Lanham Act.
See Brookfield Communications, Inc. v. West Coast Entm’t Corp.,
Purdy responds that his use of Faegre’s trademarks is a fair use of those marks in order to identify the content of his website, which does criticize Faegre. A defendant’s use of a trademark in metatags in a descriptive manner can constitute a non-infringing fair use.
Brookfield Communications, Inc.,
Purdy cannot be entirely barred from using Faegre’s trademarks in his meta-tags. Purdy’s web sites do contain content related to his criticism of Faegre. Thus, he may legitimately use Faegre’s trademarks in his metatags in order to refer to Faegre and to describe the content of his website.
Brookfield Communications, Inc.,
Based on the fair use defense under the Lanham Act, Purdy can legally use Faegre’s marks in his metatags in the descriptive sense, particularly if he employs a disclaimer on his web pages; however, he is not permitted to use Faegre’s marks in his metatags in order to divert internet users from Faegre’s web site. Purdy’s wholesale copying of some of Faegre’s description tags indicates an intent to mislead the internet user rather than merely to categorize critical web pages.
Because the Court’s Preliminary Injunction did not specifically address metatag use, the Court will not find Purdy in contempt based on these actions. Instead, the Court now clarifies its Preliminary Injunction to enjoin Purdy from future meta-tag use in violation of the Lanham Act. Purdy is not completely barred from use of Faegre’s trademarks in the metatags of his web site. Instead, Purdy may only use Faegre’s trademarks in the metatags for his web sites to the extent that he is, in good faith, describing the content of his website. Examples of the types of actions that would be indicative of bad faith include wholesale copying of Faegre’s meta-description tags or HTML code, use of Faegre’s marks in metatags attached to a site with a confusingly similar domain name, and use of Faegre’s marks beyond what is necessary to accurately describe the contents of Purdy’s web site.
F. Appropriation
Plaintiffs next contend that Purdy has violated Paragraph 11 of the January 5 Order, which requires him “to cease illegal appropriation of the names of Plaintiffs and all individuals associated or affiliated with the Plaintiffs,” by posting statements falsely attributed to Hinderaker and by publishing the “Official John Hinderaker Site” under the domain name hindrock-et.com.
“Appropriation protects an individual’s identity and is committed when one ‘appropriates to his own use or benefit the name or likeness of another.’”
Lake v. Wal-Mart Stores, Inc.,
The Minnesota Supreme Court cited the Restatement (Second) of Torts § 652C when recognizing the tort of appropriation. The Restatement notes that appropriation
In this case, Purdy has published a web page at the domain name hindrocket.com, which bears the title “Official John Hinderaker Site.” According to the evidence before the Court, Hinderaker is well-known by his blog pseudonym, Hindrocket, and an associated rocket graphic. An internet user might search for the pseudonym in a search engine or type hindrocket.com in a web browser, and end up at Purdy’s web page, entitled “Official John Hinderaker Site,” which features Hinderaker’s photograph, the rocket graphic, and the inclusion of an altered biography of Hinderaker, all of which contribute to the impression that Hinderaker sponsored or is affiliated with the page. Purdy’s actions are a deliberate attempt to take advantage of Hinderaker’s goodwill, reputation, and prestige in order to divert traffic to Purdy’s web page and to generate publicity.
Purdy argues that “hindrocket” is not a mark owned or used by Faegre and that he cannot be liable for appropriating a pseudonym. As long as a pseudonym clearly identifies the plaintiff, it is protected from appropriation.
See, e.g., McFarland v. Miller,
Purdy also argues that the web page currently associated with “hindrocket.com” features prominent disclaimers such as “Official site to criticize Attorney John Hinderaker,” “Parody Website,” and “Critical Website.” Altman Aff. ¶ 3; Exh. 122 to Eighth Beutz Deck (showing the web page as of November 2004, without disclaimers, and February 2005, with the disclaimers). Although Purdy’s disсlaimers may alleviate confusion once an internet user has reached the content of the web site, by employing “hindrocket.com” as his domain name, Purdy appropriated Hinde-raker’s name, for his own purposes and benefit — to mislead internet users into visiting Purdy’s web site when they are actually seeking Hinderaker’s web site. Even if an internet user eventually realizes that Purdy’s site is not sponsored by Hinderaker, Purdy will have already gained the benefit of luring the user to his web site by exploiting Hinderaker’s name. Thus, the Court concludes that Purdy is in contempt of the Court’s Orders because he has misappropriated Hinderaker’s name.
Plaintiffs also assert that Purdy is in contempt because statemеnts falsely attributed to Hinderaker appeared on a dis
The Court concludes that Plaintiffs have not shown, by clear and convincing evidence, that Purdy posted the Hinderaker statements on his bulletin board. Under the Communications Decency Act, “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” 47 U.S.C. § 230(c)(1). The statute further provides, “No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.” § 230(e)(3). An “interactive computer service” is defined as “any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.” § 230(f)(2).
Defendants, like Purdy, who run web sites on which internet users can post comments, are providers of interactive computer services.
See, e.g., Donato v. Moldow,
G. Sanctions
Plaintiffs have met their burden of showing clear and convincing evidence that Purdy has violated the Court’s Orders by controlling and posting web pages at the following three domain names: faegre-benson- tencommandments. com, faegre-benson-vote forpresidentbush.com, and johnfaegre-kerry.com, from September 2, 2004, through January 19, 2005. Plaintiffs have also shown, by clear and convincing evidence, that Purdy violated the Court’s Orders by appropriating Hinderaker’s name through his registration and use of the domain name hindrocket.com.
The Court also concludes that Purdy has not demonstrated his inability to comply with the Court’s Orders. The domain names at issue are registered to Purdy or to an entity that he controls. Additionally, he has continued to make alterations to his existing web pages after the Court found him in contempt on September 2, 2004.
As set forth in the Court’s September 2, 2004, Order, based on his use of the prohibited domain names faegre-benson- ten-commandments .com, faegre-benson-vote forpresidentbush. com, and john-faegre-kerry.com, Purdy is liable for sanctions of $500 per day from the date of the September 2, 2004, Contempt Order until the date that he ceased to be in violation of that Order and the January 5 Order, January
The Court has also found that Purdy is in contempt for his use of the domain name hindrocket.com. For each day after the date of this Order that Purdy continues to violate the Court’s Orders through his use of this domain name, Purdy will be liable for a fine of $500 per day, payable to Plaintiffs. In order to ensure Purdy’s compliance with this Order, Purdy is required to pay any sanctions incurred in the future to Plaintiffs, through their counsel, on the last day of each month as each sum accrues, until his contempt is purged. Additionally, the Court will аward Plaintiffs their reasonable costs and attorney fees spent in bringing this motion.
Based on the record in this matter and on this Memorandum of Law and Order, which constitutes the Court’s findings of fact and conclusions of law, IT IS HEREBY ORDERED:
1. Defendant’s Third Motion for Recu-sal of Judge Michael J. Davis [Docket No. Ill] is DENIED.
2. Plaintiffs have proven, by clear and convincing evidence, that Defendant William S. Purdy, Sr., violated the Court’s January 5, 2004, Order and its September 2, 2004, Order, as detailed in this Memorandum of Law and Order. Thus, Purdy is adjudged in civil contempt of this Court’s January 5, 2004, Order and its September 2, 2004, Order, as set forth in this Memorandum of Law and Order.
3. Plaintiffs Motion for Order to Show Cause and for Clarification of Injunction [Docket No. 91] is GRANTED IN PART and DENIED IN PART as set forth in this Memorandum of Law and Order.
4. Purdy shall pay the accrued contempt fine of sixty-nine thousand five hundred dollars ($69,500), plus thirty-seven thousand one hundred thirty-nine dollars and twenty cents ($37,139.20) in attorney’s fees awarded to Plaintiffs in the September Contempt Order, within ten days of the date of this Order.
5. Purdy will continue to be liable for contempt fines of five hundred dollars ($500) per day until he is in full compliance with the terms of the January 5 Order, the September Contempt Order, and this Order.
6. Purdy shall pay to the Plaintiffs, through their counsel, their attorney’s fees, costs, and expenses related to the bringing of this contempt motion. Plaintiffs shall submit an itemization of their attorney’s fees within fourteen (14) days of the date on which Defendant Purdy pays the $37,139.20 in attorney’s fees that were аwarded to Plaintiffs in the September Contempt Order. Defendant Purdy will thereafter have seven (7) days to respond to Plaintiffs’ fee request.
7. Any such additional sum accrued as a sanction for Purdy’s contempt, and any sum accrued as additional attorney’s fees awarded to Plaintiffs, pursuant to this Order or any future Order of this Court, will be payable to Plaintiffs, through their Counsel, on the last day of each month as each sum accrues.
8. Purdy shall immediately cease use of the domain name hindrocket.com and shall immediately transfer ownership of this name to Plaintiff Hinderaker.
9. Purdy shall provide a written report to this Court and counsel for the Plaintiffs setting forth in detail his compliance with this Order within ten (10) days from the date of this Order.