General Motors Corporation v. A-Mart Toys, Inc. et al, No. 2:2007cv07893 - Document 109 (C.D. Cal. 2008)
Court Description: ORDER re: Final Judgment upon Consent, including a Permanent Injunction and Voluntary Dismissal with Prejudice as to defendant Four Seasons by Judge Christina A. Snyder re: Stipulation for Permanent Injunction 108 . Plaintiff and Defendant Four Sea sons have entered into a Settlement Agreement and Mutual Release as to the claims. Without any admission of liability, parties have agreed that Defendant shall pay to Plaintiff an amount in settlement of Plaintiff's demand for damages, profits, costs, disbursements, and attorneys' fees based upon Defendant's alleged infringing activities. Plaintiff and Defendant shall bear their own costs associated with this action. Execution of this Final Judgment by Counsel for the parties shallserve to bind and obligate the parties hereto. (See Order for details) (kpa)
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General Motors Corporation v. A-Mart Toys, Inc. et al 1 2 3 4 5 6 Doc. 109 Brent H. Blakely (SBN 157292) bblakely@blakelylawgroup.com Cindy Chan (SBN 247495) cchan@blakelylawgroup.com BLAKELY LAW GROUP 915 North Citrus Avenue Hollywood, California 90038 Telephone: (323) 464-7400 Facsimile: (323) 464-7410 Attorneys for Plaintiff General Motors Corporation 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 GENERAL MOTORS CORPORATION, ) ) ) Plaintiff, ) ) v. ) ) A-MART TOYS, et al., ) ) Defendants. ) ____________________________ ) ) CASE NO. CV 07-7893 CAS (PLAx) [PROPOSED] ORDER RE FINAL JUDGMENT UPON CONSENT, INCLUDING A PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANT FOUR SEASONS Plaintiff and Defendant Four Seasons have entered into a Settlement 18 19 Agreement and Mutual Release as to the claims in the above referenced matter. 20 Defendant, having agreed to consent to the below terms, it is hereby: ORDERED, ADJUDGED, and DECREED as among the parties hereto 21 22 23 24 25 that: 1. This Court has jurisdiction over the parties to this Final Judgment and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121. 2. Plaintiff GM is the owner of the registered GM HUMMER® Marks, 26 including but not limited to, U.S. Registration Nos. 2926350, 2994281, and 27 3014908 for the trademarks for toys, toy vehicles, models of vehicles, hobby kits, 28 radio controlled cars, and board games (hereinafter “GM Hummer Marks”) 1. PROPOSED ORDER RE FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT FOUR SEASONS Dockets.Justia.com 3. 1 Plaintiff has alleged, and Defendant denies, that Defendant’s 2 purchase and sale of toy car products bearing falsely bearing the GM Hummer 3 Marks constitutes trademark infringement and unfair competition under the 4 Lanham Trademark Act, 15 U.S.C. § 1051, et seq and under the common law. 4. 5 Defendant and its agents, servants, employees and all persons in 6 active concert and participation with it who receive actual notice of this Final 7 Judgment are hereby permanently restrained and enjoined from: a) 8 Infringing upon GM’s Hummer Marks, either directly or contributorily, in any manner, including generally, but not limited to 9 10 manufacturing, importing, distributing, advertising, selling and/or offering 11 for sale any unauthorized product bearing the GM Hummer Marks, or 12 marks confusingly similar or substantially similar to the GM Hummer 13 Marks, and, specifically from: 14 (i) using the GM Hummer Marks or any reproduction, 15 counterfeit, copy or colorable imitation of the GM Hummer 16 Marks in connection with the manufacture, importation, 17 distribution, advertisement, offer for sale and/or sale of 18 merchandise comprising not the genuine products of GM, or in 19 any manner likely to cause others to believe that the 20 Counterfeit Products are connected with GM or GM’s genuine 21 merchandise bearing the GM Hummer Marks; 22 (ii) passing off, inducing or enabling others to sell or pass 23 off any products or other items that are not GM’s genuine 24 merchandise as and for GM’s genuine merchandise; (iii) 25 committing any other acts calculated to cause purchasers 26 to believe that Defendant’s products are GM’s genuine merchandise 27 unless they are such; and 28 /// 2. PROPOSED ORDER RE FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT FOUR SEASONS (iv) 1 shipping, delivering, holding for sale, distributing, 2 returning, transferring or otherwise moving, storing or disposing of in 3 any manner items falsely bearing the GM Hummer Marks, or any 4 reproduction, counterfeit, copy or colorable imitation of same. 5. 5 Without any admission of liability, the parties have agreed that 6 Defendant shall pay to Plaintiff an amount in settlement of Plaintiff’s demand for 7 damages, profits, costs, disbursements, and attorneys’ fees based upon 8 Defendant’s alleged infringing activities. Plaintiff and Defendant shall bear their 9 own costs associated with this action. 6. 10 11 The execution of this Final Judgment by Counsel for the parties shall serve to bind and obligate the parties hereto. 7. 12 The jurisdiction of this Court is retained for the purpose of making 13 any further orders necessary or proper for the construction or modification of this 14 Final Judgment, the enforcement thereof and the punishment of any violations 15 thereof. Except as otherwise provided herein, this action is fully resolved with 16 prejudice as to Defendant Four Seasons 17 ORDER 18 IT IS SO ORDERED. 19 20 21 DATED: October 23, 2008 22 23 HON. CHRISTINA A. SNYDER United States District Judge Respectfully Submitted by: BLAKELY LAW GROUP 24 25 26 27 28 By: _______/S/_______________ Cindy Chan Attorneys for Plaintiff General Motors Corporation 3. PROPOSED ORDER RE FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT FOUR SEASONS
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