UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE 

COLD WELL BANKER 

REAL ESTATE LLC, 

Plaintiff, 

v. 

BRIAN MOSES REALTY, INC., 

BRIAN MOSES & ASSOCIATES 

REALTY, INC. and 

BRIAN MOSES, 

Defendants. 

Civil Action No. 08-CV-50 (PB) 

STIPULATED JUDGMENT 

AND PERMANENT INJUNCTION 

This matter was brought by way of a Verified Complaint filed by Plaintiff Coldwell 

Banker Real Estate LLC ("CB") asserting certain claims against defendants Brian Moses Realty, 

Inc. and Brian Moses & Associates Realty, Inc. ("Moses companies"). The Moses companies 

having agreed to entry of this Stipulated Judgment and Permanent Injunction (the "Stipulated 

Judgment"): 

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 

1. Judgment for money damages shall be and is hereby entered against the Moses 

companies, jointly and severally, for $60,000.00. 

2. A permanent injunction shall be and is hereby entered against the Moses 

companies, permanently enjoining them and their officers, agents, servants, employees and 

attorneys, and those persons in active concert or participation with them who receive actual 

notice of the Court's order by personal service or otherwise, from (1) making any representation 

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Case 1:08-cv-00050-LM Document 76 Filed 02/15/11 Page 1 of 3
whatsoever that either falsely designates CB as being affiliated with their real estate services or 

making any unauthorized use of or infringing upon the Coldwell Banker® trademarks, service 

marks, tradenames and proprietary trade dress (collectively, the "Coldwell Banker® Marks") or 

engaging in any other conduct that would cause or is likely to cause confusion, mistake, or 

misunderstanding as to the source, affiliation, connection, or association of them with CB or 

CB's services, including but not limited referring to any prior affiliation with CB, and (2) from 

marketing or advertising material, including, but not limited to, www.brianmoses.com, Linkedin, 

MySpace and Facebook, including but not limited to those of or affiliated with Brian Moses or 

entities in which he has an interest, operates or controls, that use or refer to the CB name, 

trademarks, logos or trade dress. A permanent injunction shall also (1) prohibit the Moses 

companies and Brian Moses from using at any time in connection with the sale of any real estate 

the telephone number(s) that either the Moses companies or Brian Moses used in connection 

with their former CB locations; and (2) require the Moses companies and Brian Moses to use 

their best efforts to remove, or cause to be removed, any references in any websites, including 

third party websites, to any association between any defendant or Brian Moses and CB. 

PLAINTIFF, DEFENDANTS, 

COLDWELL BANKER REAL ESTATE BRIAN MOSES REALTY, INC. and 

LLC BRIAN MOSES AND ASSOCIATES, 

INC. 

Bv:/s/ Peter G. Callaghan By: Isl William Christie 

Peter G. Callaghan, NHBAR #6811 William Christie 

PRETI FLAHERTY BELIVEAU & PACHIOS, Shaheen & Gordon 

PLLP 107StorrsSt. 

57 North Main Street P.O. Box 2703 

P.O. Box 1318 Concord, NH 03110 

Concord, NH 03302-1318 (603) 225-7262 

(603) 410-1500 wchristie@shaheengordon.com 

pcallaghan@preti.com 

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Case 1:08-cv-00050-LM Document 76 Filed 02/15/11 Page 2 of 3
-ANDBethany L. Appleby 

admitted pro hac vice 

One Century Tower 

P.O.Box 1832 

265 Church Street 

New Haven, CT 06508-1832 

(203) 498-4400 

bappleby@wiggin.com 

It is SO ORDERED this 16 day of Februar y , 2011. 

/ s / Landya B. McCaffert y 

Unite d State s Magistrat e Judge 

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