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M. Cohen & Sons, Inc. v. Cohen Iron Works

April 24, 2012

M. COHEN & SONS, INC.
v.
COHEN IRON WORKS, LLC, ET AL



The opinion of the court was delivered by: Timothy J. Savage, J.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

AND NOW, this 24th day of April, 2012, upon consideration of Plaintiff's Motion for Contempt and Sanctions Against Defendants (Doc. 106), the Answer of Richard Cohen and Renee Pearlman (Doc. 109), the parties' Proposed Findings of Fact and supporting memoranda of law (Docs. 116, 117), and after a hearing on March 13, 2012, we make the following findings of fact and conclusions of law:

FINDINGS OF FACT

1. On March 22, 2011, a preliminary injunction enjoining the defendants from using the name "Cohen Iron Works" or any similar name was entered (Doc. 14).

2. On January 26, 2012, the defendants were permanently enjoined from using the name Cohen Iron Works or any similar name (Doc. 95).

3. On February 24, 2012, we found that Richard Cohen violated the January 26, 2012 Order by redirecting Internet traffic from several domain names, including cohenironworks.com, to his business's website (Doc 105).

YouTube Video

4. On May 18, 2011, defendant Richard Cohen, either himself or through a marketing firm, uploaded a video on YouTube titled "VIDEO0001" under the user name "CohenIronWorks."

5. The thirty-seven second video shows Richard Cohen working at the M. Cohen & Sons, Inc. ("MCS") workshop.

6. Richard Cohen did not attempt to remove the video after entry of the January 26, 2012 Order (Doc. 95).

7. After entry of the February 24, 2012 Order (Doc. 105), Richard Cohen unsuccessfully attempted to remove the video by contacting YouTube.

8. MCS's expert was also unable to remove the video.

9. YouTube and Google removed the video on April 2, 2012. Twitter Account

10. Twitter is a social networking website sometimes used by businesses to promote ...


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