Fortune Dynamic, Inc. v. Red Hot Footwear, Corporation

Filing 16

JUDGMENT OF PERMANENT INJUNCTION: dismissing defendant's counterclaim with prejudice; effective as of Sept. 29, 2008, Defendant Red Hot Footwear Corporation, its shareholders, directors, officers, partners, agents, employees, representatives, su ccessors,assigns, attorneys, and all other persons in privity of contract with it, including, but without limitation, its purchasers, supplies, manufacturers, distributors, advertisers, consultants, as well as all persons acting for, with, by, throug h or under authority of Red Hot Footwear, or in concert or in concert or in participation with, and each of them, be PERMANENTLY restrained and enjoined from a. manufacturing, advertising, distributing, offering for sale, or selling, whether directly or indirectly, garments and other apparel, including footwear, of any kind bearing the mark or name "Delicious," or "Red Delicious," or such other mark or name containing the word "Delicious"; b. registering with the Un ited States Patent and Trademark Office, the United States Copyright Office, or any agency or depart of the United States, or any state of the United States, any mark, symbol or combination of words and symbols containing or bearing the word "De licious," without the written consent of plaintiff; and c. claiming or representing to any person that is has, or will have, any right, title or interest in or to any mark, symbol, or combination of words and symbols containing or bearing the word "Delicious." 3. all parties shall bear their own costs of the suit and attorneys' fees incurred in this action.filed by Judge Consuelo B. Marshall (MD JS-6. Case Terminated) (jl)