Nike, Inc. v. Donald Pruitt et al
Filing
8
CONSENT DECREE PURSUANT TO STIPULATION by Judge Margaret M. Morrow in favor of Nike, Inc. against Donald Pruitt ( MD JS-6. Case Terminated ) (bp)
<![CDATA[
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
J. Andrew Coombs (SBN 123881) andy@coombspc.com Annie S. Wang (SBN 243027) annie@coombspc.com J. Andrew Coombs, A P. C. 517 East Wilson Avenue, Suite 202 Glendale, California 91206 Telephone: (818) 500-3200 Facsimile: (818) 500-3201 Attorneys for Plaintiff Nike, Inc. Marc E. Hankin (SBN 170505) marc@hankinpatentlaw.com Hankin Patent Law APC 11414 Thurston Cir Los Angeles, CA, 90049 Telephone: (323) 801-0260 Facsimile: (323) 801-0266 Attorney for Defendant Donald Pruitt, an individual and d/b/a Don's Fashion Depot UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Nike, Inc., Plaintiff, v. Donald Pruitt, an individual and d/b/a Don's Fashion Depot and Does 1 10, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) )
JS-6
Case No. CV 08-4266 MMM (FFMx) [PROPOSED] CONSENT DECREE PURSUANT TO STIPULATION
The Court, having read and considered the Joint Stipulation for Permanent Injunction that has been executed by Plaintiff Nike, Inc. ("Nike" or "Plaintiff") and Defendant Donald Pruitt, an individual and d/b/a Don's Fashion Depot ("Defendant") in this action: GOOD CAUSE APPEARING THEREFORE, THE COURT ORDERS that this Permanent Injunction shall be and is hereby entered in the within action as follows:
Nike v. Pruitt, et al.: Proposed Consent Decree
-1-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1)
This Court has jurisdiction over the parties to this action and over the subject
matter hereof pursuant to pursuant to the provisions of the Lanham Act, 15 U.S.C. § 1051, et seq., as well as 28 U.S.C. § 1338(a) and 28 U.S.C. § 1331. 2) 3) Service of process was properly made on the Defendant. Nike owns or controls the pertinent rights in and to the trademarks listed in
Exhibit "A" attached hereto and incorporated herein by this reference (The trademarks identified in Exhibit "A" are collectively referred to herein as the "Nike Trademarks"). 4) 5) Defendant has made unauthorized uses of the Nike Trademarks or substantially Defendant and his agents, servants, employees and all persons in active concert similar likenesses or colorable imitations thereof. and participation with him who receive actual notice of the Injunction are hereby restrained and enjoined, pursuant to 15 U.S.C. § 1116, from: a) Infringing the Nike Trademarks, either directly or contributorily, in any i) Importing, manufacturing, distributing, advertising, selling and/or manner, by: offering for sale any unauthorized products which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of the Nike Trademarks ("Unauthorized Products"); ii) Importing, manufacturing, distributing, advertising, selling and/or offering for sale in connection thereto any unauthorized promotional materials, labels, packaging or containers which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of the Nike Trademarks; iii) Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead or deceive purchasers, Defendant's customers and/or members of the public to believe, the actions of Defendant, the
Nike v. Pruitt, et al.: Proposed Consent Decree
-2-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
products sold by Defendant, or Defendant himself is connected with Nike, is sponsored, approved or licensed by Nike, or is affiliated with Nike; iv) Affixing, applying, annexing or using in connection with the importation, manufacture, distribution, advertising, sale and/or offer for sale or other use of any goods or services, a false description or representation, including words or other symbols, tending to falsely describe or represent such goods as being those of Nike. 6) Defendant is ordered to deliver for destruction all Unauthorized Products, including footwear, and labels, signs, prints, packages, dyes, wrappers, receptacles and advertisements relating thereto in their possession or under their control bearing any of the Nike Trademarks or any simulation, reproduction, counterfeit, copy or colorable imitations thereof, and all plates, molds, heat transfers, screens, matrices and other means of making the same. 7) 8) 9) Except for the allegations contained herein, the claim alleged in the Complaint This Injunction shall be deemed to have been served upon Defendant at the time The Court finds there is no just reason for delay in entering this Injunction and, against Defendant by Nike are dismissed with prejudice. of its execution by the Court. pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Injunction against Defendant. 9) The Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Injunction. 10) The above-captioned action, shall, upon filing by Plaintiff of the Settlement Agreement, Stipulation for Entry of Judgment and Judgment Pursuant to Stipulation,
Nike v. Pruitt, et al.: Proposed Consent Decree
-3-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
and requesting entry of judgment against Defendant, be reopened should Defendant default under the terms of the Settlement Agreement. 11) This Court shall retain jurisdiction over the Defendant for the purpose of making further orders necessary or proper for the construction or modification of this consent decree and judgment; the enforcement hereof; the punishment of any violations hereof, and for the possible entry of a further Judgment Pursuant to Stipulation in this action.
DATED: November 10, 2008
_______________________________ Hon. Margaret M. Morrow United States District Judge
PRESENTED BY: J. Andrew Coombs, A P. C. By: ____________________________ J. Andrew Coombs Annie Wang Attorneys for Plaintiff Nike, Inc. Hankin Patent Law APC By: ____________________________ Marc E. Hankin Attorney for Defendant Donald Pruitt, an individual and d/b/a Don's Fashion Depot
Nike v. Pruitt, et al.: Proposed Consent Decree
-4-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
EXHIBIT A Nike Registrations Trademark AIR-SOLE SWOOSH NIKE Nike® and Swoosh® Design Nike® Swoosh® Design NIKE AIR w/Swoosh device NIKE AIR Air Jordan® Swoosh device on shoe Swoosh device NIKE w/Swoosh device AIR JORDAN AIR MAX AIR TRAINER Jump Man device Nike Air® AIR SKYLON AIR SOLO FLIGHT AIR FLIGHT AIR DESCHUTZ Jump Man device AIR TRAINER MAX AIRMAX in oval AIR UPTEMPO in crest AIR with Swoosh device NIKE with Swoosh device ACG NIKE in triangle Nike® Nike® and Swoosh® Design Stylized "B" NIKE ALPHA PROJECT as device WAFFLE RACER PHYLITE Registration Number 1,145,812 1,200,529 1,214,930 1,237,469 1,277,066 1,284,385 1,284,386 1,307,123 1,370,283 1,323,342 1,323,343 1,325,938 1,370,283 1,508,348 1,508,360 1,558,100 1,571,066 1,665,479 1,668,590 1,686,515 1,735,721 1,742,019 1,789,463 2,030,750 2,032,582 2,068,075 2,104,329 2,117,273 2,196,735 2,209,815 2,476,882 2,517,735 2,652,318 2,657,832 Registration Date January 13, 1981 July 6, 1982 November 2, 1982 May 10, 1983 May 8, 1984 July 3, 1984 July 3, 1984 November 27, 1984 November 12, 1985 March 5, 1985 March 5, 1985 March 19, 1985 November 12, 1985 October 11, 1988 October 11, 1988 September 26, 1989 December 12, 1989 November 19, 1991 December 17, 1991 May 12, 1992 November 24, 1992 December 22, 1992 August 24, 1993 January 14, 1997 January 21, 1997 June 3, 1997 October 7, 1997 December 2, 1997 October 13, 1998 December 8, 1998 August 14, 2001 December 11, 2001 November 19, 2002 December 10, 2002
Nike v. Pruitt, et al.: Proposed Consent Decree
-5-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
TRUNNER DRI-STAR PRESTO TRIAX WAFFLE TRAINER THERMA-STAR NIKE SHOX Basketball player outline NIKEFREE
2,663,568 2,691,476 2,716,140 2,810,679 2,893,674 2,960,844 2,970,902 2,977,850 3,087,455
December 17, 2002 February 25, 2003 May 13, 2003 February 3, 2004 October 12, 2004 June 7, 2005 July 19, 2005 July 26, 2005 May 2, 2006
Nike v. Pruitt, et al.: Proposed Consent Decree
-6-
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
