General Motors Corporation v. A-Mart Toys, Inc. et al, No. 2:2007cv07893 - Document 38 (C.D. Cal. 2008)
Court Description: ORDER GRANTING FINAL JUDGMENT UPON CONSENT, INCLUDING A PERMANENT INJUNCTION AS TO DEFENDANT ACME TOYS by Judge Christina A. Snyder: Upon Stipulation 35 , ORDERED, ADJUDGED, and DECREED that Defendant ACME Toys and its agents, servants, employees an d all persons in active concert and participation with it who receive actual notice of this Final Judgment are hereby permanently restrained and enjoined from infringing upon GM's Hummer Marks, etc. Without any admission of liability, the partie s 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. See document for permanent injunction. (gk)
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General Motors Corporation v. A-Mart Toys, Inc. et al Doc. 38 1 Brent H. Blakely (SBN 157292) Cindy Chan (SBN 247495) 2 BLAKELY LAW GROUP 915 North Citrus Avenue 3 Hollywood, California 90038 Telephone: (323) 464-7400 4 Facsimile: (323) 464-7410 5 Attorneys for Plaintiff General Motors Corporation 6 7 8 UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 CENTRAL DISTRICT OF CALIFORNIA GENERAL MOTORS CORPORATION, ) ) ) Plaintiff, ) ) v. ) ) A-MART TOYS, et al., ) ) Defendants. ) ) ___________________________ 17 18 19 22 23 24 25 26 27 28 [PROPOSED ORDER] GRANTING FINAL JUDGMENT UPON CONSENT, INCLUDING A PERMANENT INJUNCTION AS TO DEFENDANT ACME TOYS Plaintiff and Defendant ACME Toys have entered into a Settlement Agreement and Mutual Release as to the claims in the above referenced matter. Defendant, having agreed to consent to the below terms, it is hereby: 20 21 CASE NO. CV 07-7893 CAS (PLAx) ORDERED, ADJUDGED, and DECREED as among the parties hereto 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, including but not limited to, U.S. Registration Nos. 2926350, 2994281, and 3014908 for the trademarks for toys, toy vehicles, models of vehicles, hobby kits, radio controlled cars, and board games (hereinafter “GM Hummer Marks”) 3. Plaintiff has alleged that Defendant’s purchase and sale of toy car 1. PROPOSED ORDER RE FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT ACME TOYS Dockets.Justia.com 1 products bearing falsely bearing the GM Hummer Marks constitutes trademark 2 infringement and unfair competition under the Lanham Trademark Act, 15 U.S.C. 3 § 1051, et seq and under the common law. 4 4. Defendant and its agents, servants, employees and all persons in 5 active concert and participation with it who receive actual notice of this Final 6 Judgment are hereby permanently restrained and enjoined from: 7 a) Infringing upon GM’s Hummer Marks, either directly or 8 contributorily, in any manner, including generally, but not limited to 9 manufacturing, importing, distributing, advertising, selling and/or offering 10 for sale any unauthorized product bearing the GM Hummer Marks, or 11 marks confusingly similar or substantially similar to the GM Hummer 12 Marks, and, specifically from: 13 (i) using the GM Hummer Marks or any reproduction, 14 counterfeit, copy or colorable imitation of the GM Hummer 15 Marks in connection with the manufacture, importation, 16 distribution, advertisement, offer for sale and/or sale of 17 merchandise comprising not the genuine products of GM, or in 18 any manner likely to cause others to believe that the 19 Counterfeit Products are connected with GM or GM’s genuine 20 merchandise bearing the GM Hummer Marks; 21 (ii) passing off, inducing or enabling others to sell or pass 22 off any products or other items that are not GM’s genuine 23 merchandise as and for GM’s genuine merchandise; 24 (iii) committing any other acts calculated to cause purchasers 25 to believe that Defendant’s products are GM’s genuine merchandise 26 unless they are such; and 27 28 (iv) shipping, delivering, holding for sale, distributing, returning, transferring or otherwise moving, storing or disposing of in 2. PROPOSED ORDER RE FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT ACME TOYS 1 any manner items falsely bearing the GM Hummer Marks, or any 2 reproduction, counterfeit, copy or colorable imitation of same. 5. 3 Without any admission of liability, the parties have agreed that 4 Defendant shall pay to Plaintiff an amount in settlement of Plaintiff’s demand for 5 damages, profits, costs, disbursements, and attorneys’ fees based upon 6 Defendant’s alleged infringing activities. Plaintiff and Defendant shall bear their 7 own costs associated with this action. 6. 8 9 The execution of this Final Judgment by Counsel for the parties shall serve to bind and obligate the parties hereto. 7. 10 The jurisdiction of this Court is retained for the purpose of making 11 any further orders necessary or proper for the construction or modification of this 12 Final Judgment, the enforcement thereof and the punishment of any violations 13 thereof. Except as otherwise provided herein, this action is fully resolved with 14 prejudice as to Defendant ACME Toys. 15 ORDER 16 IT IS SO ORDERED. 17 18 19 DATED: February 6, 2008 20 21 HON. CHRISTINE A. SNYDER United States District Judge Respectfully Submitted by: BLAKELY LAW GROUP 22 23 24 By: __________/s/_______________ Cindy Chan Attorneys for Plaintiff General Motors Corporation 25 26 27 28 3. PROPOSED ORDER RE FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT ACME TOYS
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