IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

In Re SLEP-TONE ENTERTAINMENT CORP.

consolidated cases,

CASE NO. 5:11-cv-32/RS-CJK

_________________________________________/

U ORDER

Before me is Plaintiff’s Motion for Default Judgment (Doc. 79) against Defendant 

Steve Jarvis (Jarvis”). Defendant Jarvis, against whom default judgment is sought, has 

not opposed the motion.

FINDINGS OF FACT

1. On February 2, 2011, Slep-Tone commenced this action against Defendant Jarvis. 

(Doc. 1). 

2. On February 3, 2011, the Clerk issued a summons directed Defendant Jarvis. 

(Doc. 7). Service of process was effected upon the Defendant Jarvis on March 31, 

2011. (Doc. 20). Defendant Jarvis failed to file a timely answer or other response 

to the Complaint, and default was entered as to him on June 8, 2011. (Doc. 44).

3. Slep-Tone is the owner of U.S. Trademark Registration No. 1,923,448, for 

SOUND CHOICE®, and of U.S. Trademark Registration No. 2,000,725, for a 

display trademark SOUND CHOICE & Design® (“the Marks”). 

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4. Defendant Jarvis has used a reproduction, counterfeit, or copy of the Marks in 

connection with his providing karaoke services, by displaying that reproduction, 

counterfeit, or copy during the provision of his services. 

5. Slep-Tone has elected to receive an award of statutory damages.

CONCLUSIONS OF LAW

1. Because of his default in this matter, Defendant Jarvis is deemed to have admitted 

those facts alleged in the Complaint, that are material to Slep-Tone’s claims 

against him. See Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987).

2. By using counterfeit materials bearing the Marks to put on karaoke shows and by 

displaying the Marks during the course of those shows, the Defendant Jarvis has

violated Section 43(a) of the Trademark Act of 1946, as amended, in that the 

display of Slep-Tone’s marks constitutes a false designation of the origin of those 

materials.

3. Defendant Jarvis’ acts further constitute a per se violation of FDUTPA. See 

TracFone Wireless, Inc. v. Access Telecom, Inc., 642 F. Supp. 2d 1354, 1365 (S.D. 

Fla. 2009) 

4. An injunction forbidding the use of all unauthorized copies of karaoke tracks, is an 

appropriate remedy for the federal unfair competition and FDUTPA violations and 

would be appropriate to protect the rights of the Plaintiff, its legitimate 

downstream customers, and the public at large.

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5. The Trademark Act permits the destruction of infringing articles as an additional 

remedy for trademark infringement involving counterfeiting. 

6. Because of the ease with which karaoke tracks may be duplicated from a computer 

hard drive and the difficulty in monitoring and enforcing compliance with the 

permanent injunctive relief, an order requiring the Defendant Jarvis’ computer 

hard drives and other media containing counterfeit karaoke tracks to be 

surrendered for destruction is appropriate under the law and warranted by the facts 

of this case.

ORDER, JUDGMENT, AND PERMANENT INJUNCTION

Plaintiff Slep-Tone Entertainment Corporation for Motion for Default Final 

Judgment (Doc. 79) is GRANTED. 

It is ORDERED:

1. Pursuant to 15 U.S.C. § 1117, judgment is entered in favor of Plaintiff Slep-Tone 

and against Defendant Steve Jarvis for statutory damages in the principal amount 

of $25,000, for which sum let execution issue. This amount is appropriate because 

Plaintiff has not demonstrated that Defendant has committed more harm with four 

systems than other defendants who have one system. 

2. Interest from the date of entry of this judgment shall accrue at the legal rate, 

pursuant to 28 U.S.C. § 1961.

3. Defendant Jarvis, his agents and employees, and all persons in active concert or 

participation with them are hereby permanently ENJOINED (a) from using 

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(including making, copying, sharing, distributing, selling, or otherwise using), 

commercially or otherwise, any karaoke accompaniment track that is marked with 

either the mark in U.S. Trademark Registration No. 1,923,448, for SOUND 

CHOICE®, or the mark in U.S. Trademark Registration No. 2,000,725, for a 

display trademark SOUND CHOICE & Design®, without the prior, express 

written permission of Slep-Tone or its successor-in-interest, if any, to the 

ownership of those marks, and (b) from making, copying, sharing, distributing, 

selling, or otherwise using digitized copies of karaoke accompaniment tracks, 

commercially or otherwise, which tracks are falsely marked with any mark or 

other designation belonging to any person from whom the Defendant has not 

obtained written authorization from the owner thereof to make, copy, share, 

distribute, sell, or otherwise use the digitized copy.

4. Defendant Jarvis is hereby ordered within 30 days of the date of entry of this 

Order to deliver to Slep-Tone, or make available for pickup, each data storage 

device (including, without limitation, a computer hard drive, compact disc, USB 

drive, portable music player, or other device capable of storing karaoke 

accompaniment tracks in digitized format) in his possession, custody, or control, 

which data storage device contains any karaoke accompaniment track, the 

continued existence of which is prohibited under paragraph 3 above. Slep-Tone 

may destroy the data storage devices, at its own expense, by any lawful, 

appropriate means.

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5. The Court retains jurisdiction over this cause and over the parties for the purposes 

of entering all further post-judgment orders that are appropriate.

ORDERED on November 21, 2011.

 /S/ Richard Smoak

 RICHARD SMOAK

 UNITED STATES DISTRICT JUDGE 

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