Case 8:03-cv-02441-RWT Document 264 Filed 03/25/09 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT

OF MARYLAND ________________________________________________ YOUNG AGAIN PRODUCTS, INC. Plaintiff / Counter-Defendant, vs. JOHN ACORD a/k/a JOHN LIVINGSTON, et al. : : : : Civil No: RWT 03CV2441 Defendants / Counter-Plaintiffs. : -----------------------------------------------------------------------JOHN ACORD a/k/a JOHN LIVINGSTON, et al. Third-Party Plaintiff, vs. ROGER MASON and IVEY MASON : : : :

Third-Party Defendants : ________________________________________________ ORDER Upon consideration of Plaintiff and Third Party Defendants Motion for Contempt and Sanctions Against Defendant John Acord For Failure To Pay Rule 11 Sanctions In Violation of This Courts Order of November 17, 2008 [Paper No. 258], Plaintiff Young Again Products, Inc.s Motions in Limine [Paper No. 247], Plaintiffs Motion For Entry of Default Judgment Against Defendant John Acord Or In the Alternative For Summary Judgment Against Defendant John Acord [Paper No. 256], and Plaintiffs Motion For Entry of Default Judgment Against Defendant Marcella Ortega Or In the Alternative For Summary Judgment Against Defendant Marcella Ortega [Paper No. 259], the responses and replies thereto, and the arguments of counsel and Mr. Acord (who participated by telephone), presented at the hearing conducted before the

Case 8:03-cv-02441-RWT Document 264 Filed 03/25/09 Page 2 of 4 undersigned today, it is, for the reasons stated on the record, this 24th day of March, 2009, by the United States District Court for the District of Maryland, ORDERED, that Plaintiff and Third Party Defendants Motion for Contempt and Sanctions Against Defendant John Acord For Failure To Pay Rule 11 Sanctions In Violation of This Courts Order of November 17, 2008 [Paper No. 258] is GRANTED; and it is further ORDERED, that within thirty (30) days of this Order, Defendant John Acord shall make full payment of the sanctions imposed against him and in favor of the Plaintiffs on November 17, 2008, in the amount of $24,357. If Defendant Acord is unable to pay in full, he shall submit to the Court within thirty (30) days of this Order a highly detailed affidavit concerning the financial circumstances that render him unable to pay. This affidavit shall include information about any assets, whether in his own or a third partys name, that Defendant Acord has had access to or use of in the past five (5) years, as well as any transfers of assets Defendant Acord has made to others in the past five (5) years; and it is further ORDERED, that Plaintiff Young Again Products, Inc.s Motions in Limine [Paper No. 247] are DENIED AS MOOT as to Supplement Spot, LLC, and GRANTED AS UNOPPOSED as to Defendants Acord and Ortega; and it is further ORDERED, that Plaintiffs Motion For Entry of Default Judgment Against Defendant John Acord Or In the Alternative For Summary Judgment Against Defendant John Acord [Paper No. 256] is GRANTED, and Defendant Acord is adjudged to be in default; and it is further ORDERED, that Plaintiffs Motion For Entry of Default Judgment Against Defendant Marcella Ortega Or In the Alternative For Summary Judgment Against Defendant Marcella Ortega [Paper No. 259] is GRANTED, and Defendant Ortega is adjudged to be in default; and it is further

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Case 8:03-cv-02441-RWT Document 264 Filed 03/25/09 Page 3 of 4 ORDERED, that a default judgment in the amount of three million, eight hundred thirtytwo thousand, eight hundred thirty-two dollars and forty cents ($3,832,832.40) shall be entered for the Plaintiff, Young Again Products, Inc. against Defendants John Acord and Marcella Ortega; and it is further ORDERED, that Young Again Products, Inc. (YAP) is the owner of all right and title in the valid trademarks Arthritis Free, Better Cholesterol, Beta Prostate, Better Immunity, Better Prostate, Fat Absorb, German Zyme, Miracle Cream, The Estrogen Alternative, The Osteoporosis Answer, Total Minerals, Total Vitamins, Skin Cure, and Vein Free; and it is further ORDERED, that Defendants Acord and Ortega have willfully infringed YAPs copyrights and trademarks as set forth in YAPs Supplemental Complaint; and it is further ORDERED, that Defendants Acord and Ortega be permanently enjoined from using the designations and/or names Maximum Prostate, Arthritis Relief, Healthy Cholesterol, Fat Trapper, Skin Care, and Multi-Minerals, which are confusingly similar to YAPs trademarks, or any other confusingly similar designation alone or in combination with other words, as a trademark, trade name, or service mark, component or otherwise, or otherwise referencing the names on websites and those of its affiliates, placing the names in its HTML codes and metatags, and purchasing the names in pay-for-placement or pay-for-rank search engine advertising; and it is further ORDERED, that all of Defendant Acords counter and third party claims are DISMISSED WITH PREJUDICE; and it is further ORDERED, that the jury trial previously scheduled in this case for June 16, 17, 18, 19, 23, and 24, 2009 is CONTINUED; and it is further

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Case 8:03-cv-02441-RWT Document 264 Filed 03/25/09 Page 4 of 4 ORDERED, that the Clerk is directed to CLOSE the case.

/s/ ROGER W. TITUS UNITED STATES DISTRICT JUDGE

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