Life Alert Emergency Response, Inc. v. Netstake, LLC, No. 2:2008cv05088 - Document 5 (C.D. Cal. 2008)
Court Description: FINAL JUDGMENT AND PERMANDENT INJUNCTION by Judge George H. King, in favor of Life Alert Emergency Response, Inc. against Netstake, LLC. Related to: Stipulation for Permanent Injunction, 4 . IT IS ORDERED, ADJUDGED AND DECREED: 1. Defendant, its off icers, agents, servants, distributors, representatives, employees, attorneys, and any person or entity acting on behalf of, through, or in concert or participation with Defendant, or any person, parent, subsidiary, or affiliated entity of Defendant ( collectively the "Enjoined Parties"), are hereby permanently, restrained, enjoined and prohibited, directly or indirectly, by any means, method or device whatsoever, from using the trademarks "Life Alert", "Help, I've Fa llen and I Can't Get Up!" and "I've Fallen and I Can't Get Up!", or any imitations or variations thereof, in connection with the sale, offering for sale, distribution, manufacturing, advertising, or promotion of goods an d/or services by an Enjoined Party, and/or in connection with any website; 2. This Final Judgment and the Permanent Injunction contained herein shall be binding upon the Enjoined Parties upon entry by the Court without further notice to any party. Th e Court shall retain jurisdiction of this matter for purposes of enforcement, performance and modification of this Permanent Injunction. 3. No bond shall be required to secure this Final Judgment or Permanent Injunction. (MD JS-6. Case Terminated) (bm)
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Life Alert Emergency Response, Inc. v. Netstake, LLC 1 2 3 4 Doc. 5 Ralph C. Loeb, Esq. (#124773) KRANE & SMITH 16255 Ventura Boulevard Suite 600 Encino, CA 91436 E-Filed: 11/10/08 JS-6 Tel:(818) 382-4000 Fax: (818) 382-4001 5 6 Attorneys for Plaintiff, LIFE ALERT EMERGENCY RESPONSE, INC. 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 LIFE ALERT EMERGENCY RESPONSE, INC., a California corporation, Plaintiff, 14 15 [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION vs. 16 CASE NO. CV08-05088 GHK (SHx) NETSTAKE, LLC, a North Carolina limited liability company, 17 18 Defendant. 19 20 21 22 23 24 25 26 27 28 1 ______________________________________________________________ O:\GHK\Review\ORDER-FINAL JUDGMENT.wpd [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com 1 Plaintiff, LIFE ALERT EMERGENCY RESPONSE, INC. ("Plaintiff") 2 and Defendant, NETSTAKE, LLC ("Defendant"), having stipulated to a 3 Final Judgment and Permanent Injunction, and having waived any 4 required findings of fact and/or conclusions of law, and having 5 further waived any additional notice, and having stipulated and 6 agreed that this Final Judgment and Permanent Injunction may be 7 entered forthwith; 8 IT IS ORDERED, ADJUDGED AND DECREED: 9 1. Defendant, its officers, agents, servants, distributors, 10 representatives, employees, attorneys, and any person or entity 11 acting on behalf of, through, or in concert or participation with 12 Defendant, or any person, parent, subsidiary, or affiliated entity 13 of Defendant (collectively the "Enjoined Parties"), are hereby 14 permanently, restrained, enjoined and prohibited, directly or 15 indirectly, by any means, method or device whatsoever, from using 16 the trademarks "Life Alert", "Help, I've Fallen and I Can't Get 17 Up!" and "I've Fallen and I Can't Get Up!", or any imitations or 18 variations thereof, in connection with the sale, offering for sale, 19 distribution, manufacturing, advertising, or promotion of goods 20 and/or services by an Enjoined Party, and/or in connection with any 21 website; 22 2. This Final Judgment and the Permanent Injunction 23 contained herein shall be binding upon the Enjoined Parties upon 24 entry by the Court without further notice to any party. 25 shall retain jurisdiction of this matter for The Court purposes 26 27 28 2 ______________________________________________________________ O:\GHK\Review\ORDER-FINAL JUDGMENT.wpd [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION of 1 enforcement, 2 Injunction. 3 4 3. performance and modification of this Permanent No bond shall be required to secure this Final Judgment or Permanent Injunction. 5 ORDER 6 IT IS SO ORDERED: 7 Dated: 11/7/08 8 ________________________________ JUDGE OF THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 SUBMITTED BY: 10 KRANE & SMITH, APC 11 12 13 14 By: ________________________ Ralph C. Loeb, Esq. Attorneys for Plaintiff LIFE ALERT EMERGENCY RESPONSE, INC. 15 APPROVED AS TO FORM: 16 17 HEDRICK, GARDNER, KINCHELOE & GAROFALO, LLP 18 19 20 By: _________________________ Thomas M. Buckley Attorneys for Defendant NETSTAKE, LLC 21 22 23 24 25 26 27 28 3 ______________________________________________________________ O:\GHK\Review\ORDER-FINAL JUDGMENT.wpd [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION
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