Mad Dogg Athletics Inc. v. Great Sports Inc. et al, No. 2:2009cv06540 - Document 7 (C.D. Cal. 2009)
Court Description: FINAL JUDGMENT UPON CONSENT WITH RESPECT TO DEFENDANTS GREAT SPORTS, INC. AND GARY BRIDEN by Judge Florence-Marie Cooper in favor of Mad Dogg Athletics Inc. against Great Sports Inc., Gary Briden. Defendants and their related entities, affiliates, of ficers, directors, parents, subsidiaries, divisions, owners, agents, servants, shareholders, employees, successors, assigns, representatives, and agents of any kind, and all persons or entitiesacting under Defendants direction or control or in active concert or participation with Defendants expressly acknowledge and agree that Mad Dogg has valid, protectable and enforceable rights in and to its federally registered SPIN Family of Marks. Each party shall bear its own costs and attorneys fees. (See document for further details) (MD JS-6. Case Terminated ) (rrey)
Download PDF
<![CDATA[
Mad Dogg Athletics Inc. v. Great Sports Inc. et al 1 2 3 4 5 6 7 Doc. 7 Konrad K. Gatien (Bar No. 221770) E-Mail: kgatien@kmwlaw.com Anthony M. Keats (Bar No. 123672) E-Mail: akeats@kmwlaw.com KEATS McFARLAND & WILSON LLP 9720 Wilshire Boulevard Penthouse Suite Beverly Hills, California 90212 Telephone: (310) 248-3830 Facsimile: (310) 860-0363 JS-6 Attorneys for Plaintiff MAD DOGG ATHLETICS, INC. 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 WESTERN DIVISON 12 13 MAD DOGG ATHLETICS, INC., a California corporation, 14 15 16 17 18 19 Plaintiff, v. GREAT SPORTS, INC., an Illinois corporation d/b/a Saferwholesale.com and Globaltrailer.net; and GARY BRIDEN, an individual, Case No. 2:09-cv-06540-FMC-RZx FINAL JUDGMENT UPON CONSENT WITH RESPECT TO DEFENDANTS GREAT SPORTS, INC. AND GARY BRIDEN Defendants. 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 This action has come before the Court, upon the pleadings and proceedings of 2 record, and it has been represented to the Court that Plaintiff, MAD DOGG 3 ATHLETICS, INC. (“Mad Dogg” or “Plaintiff”), and defendants, GREAT SPORTS, 4 INC. d/b/a Saferwholesale.com and Globaltrailer.net and GARY BRIDEN 5 (hereinafter collectively referred to as “Defendants”), have entered into a Settlement 6 Agreement (“Agreement”) and have agreed to a compromise and settlement of this 7 civil action (“Action”) and all claims, defenses and counterclaims that were or could 8 have been brought herein. 9 Plaintiff has given Defendants notice of the claims alleged in the Action by 10 providing Defendants with a conformed copy of the Complaint filed herein. 11 Defendants have waived service of process pursuant to Fed.R.Civ.P. 4, and thereby 12 consent that service was proper and consent to the jurisdiction of this Court. 13 14 15 WHEREFORE, with the consent of the parties, through their undersigned attorneys, it is hereby ORDERED, ADJUDGED and DECREED that: 1. This Court has jurisdiction over the parties and subject matter of this 16 Action pursuant to 15 U.S.C §§ 1116(a) and 1121; 28 U.S.C. §§ 1331, 1332(a), and 17 §§ 1338(a) and (b); and 28 U.S.C. § 1367. Venue is proper in this district pursuant to 18 28 U.S.C. § 1391(a) and (b). 19 2. Defendants and their related entities, affiliates, officers, directors, 20 parents, subsidiaries, divisions, owners, agents, servants, shareholders, employees, 21 successors, assigns, representatives, and agents of any kind, and all persons or entities 22 acting under Defendants’ direction or control or in active concert or participation with 23 Defendants (hereinafter collectively referred to as Defendants’ “Related Entities"), 24 expressly acknowledge and agree that Mad Dogg has valid, protectable and 25 enforceable rights in and to its federally registered SPIN Family of Marks. 26 27 28 -1- FINAL JUDGMENT UPON CONSENT 1 2 3 3. Mad Dogg’s SPIN Family of Marks includes without limitation: Mark Reg. No. International Class(es) Reg. Date SPIN 2173202 028, 041 July 14, 1998 SPINNING 2003922 009, 025, 028 July 9, 1996 SPINNER 1972363 028 May 7, 1996 2062912 009, 025, 028, 041 May 20, 1997 4 5 6 7 8 9 10 11 12 4. Mad Dogg was founded in 1994 and is a leader in the sale of stationary 13 exercise bicycles in the United States and worldwide. In addition, Mad Dogg created, 14 developed and marketed, the world famous SPINNING® program: A fitness 15 education and training program for use in connection with its stationary exercise 16 bicycles and related merchandise (hereinafter collectively referred to as the “SPIN 17 Products and Services”). 18 19 20 5. Mad Dogg’s SPIN Family of Marks is in full force and effect and many of the marks included in it have become incontestable pursuant to 15 U.S.C. § 1065. 6. Based on Mad Dogg’s extensive sales, marketing and advertising of its 21 SPIN Products and Services through the use of Mad Dogg’s SPIN Family of Marks, 22 Mad Dogg’s SPIN Family of Marks has become distinctive and famous pursuant to 15 23 U.S.C. § 1125(c). 24 7. Mad Dogg alleges that Defendants have advertised and offered for sale 25 stationary exercise bicycles that do not originate from Mad Dogg in violation of Mad 26 Dogg’s rights in and to its SPIN Family of Marks. 27 28 -2- FINAL JUDGMENT UPON CONSENT 1 8. Without admitting liability for any of the causes of action alleged in 2 Plaintiff’s Complaint, Defendants and their Related Entities hereby stipulate to being 3 preliminarily and permanently enjoined and restrained from: 4 a. directly or indirectly infringing the SPIN Family of Marks in any 5 manner, including generally, but not limited to manufacturing, 6 importing, distributing, advertising, selling, and/or offering for sale 7 any merchandise, specifically stationary exercise bicycles and 8 merchandise related thereto, or engaging in any services, 9 specifically exercise programs using stationary exercise bicycles, 10 by using any terms, trademarks or other designations of origin that 11 reproduce, or utilize the likenesses of or which copy or are 12 confusingly similar to any of the SPIN Family of Marks; 13 b. engaging in any conduct that tends falsely to represent that, or is 14 likely to confuse, mislead, or deceive purchasers, Defendants’ 15 customers, and/or members of the public to believe that the actions 16 of Defendants, the products sold by Defendants or Defendants 17 themselves are connected with Mad Dogg, are sponsored, 18 approved, or licensed by Mad Dogg, or are in some way connected 19 or affiliated with Mad Dogg; 20 c. affixing, applying, annexing or using in connection with the 21 manufacture, importation, distribution, advertising, sale, and/or 22 offer for sale or other use of any goods or services, any false 23 description or representation, including words or other symbols, 24 tending to falsely describe or represent such goods or services as 25 being those of Mad Dogg; 26 27 28 d. diluting and infringing Mad Dogg’s SPIN Family of Marks and thereby damaging Mad Dogg’s goodwill and reputation; -3- FINAL JUDGMENT UPON CONSENT 1 e. 2 otherwise infringing upon Mad Dogg’s SPIN Family of Marks, or competing unfairly with Mad Dogg in any manner; and 3 f. effecting assignments or transfers, forming new entities or 4 associations or utilizing any other device for the purpose of 5 circumventing or otherwise avoiding the prohibitions set forth in 6 subparagraphs (a) through (e) above. 7 9. Defendants and their Related Entities shall not directly or indirectly 8 challenge, oppose, interfere with or otherwise seek cancellation of, any of the SPIN 9 Family of Marks and/or any trademark for which Mad Dogg owns or seeks a 10 trademark registration in the United States or elsewhere. 11 10. This Final Judgment disposes of all claims and counterclaims and 12 terminates this action, subject to the Court’s continuing jurisdiction to enforce and 13 oversee the requirements contained in this Final Judgment. 14 15 11. This Judgment shall be binding upon, and inure to the benefit of, the parties’ respective successors and assigns. 16 12. Each party shall bear its own costs and attorneys’ fees. 17 13. The jurisdiction of this Court is retained for the purpose of making any 18 further orders necessary or proper for the construction or modification of this 19 judgment, and for the enforcement of this Judgment and the Agreement entered into 20 between the parties. 21 14. This Judgment shall be deemed to have been served upon Defendants at 22 the time of its execution by the Court. 23 \\\ 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 -4- FINAL JUDGMENT UPON CONSENT 1 15. The Court expressly determines that there is no just reason for delay in 2 entering this judgment, and pursuant to Rule 54(b) of the Federal Rules of Civil 3 Procedure, the Court directs entry of judgment against Defendants. 4 5 IT IS SO ORDERED: 6 7 Dated: September 23, 2009 HON. FLORENCE-MARIE COOPER UNITED STATES DISTRICT JUDGE 8 9 10 11 IT IS SO STIPULATED: 12 13 Dated: ___________, 2009 KEATS MCFARLAND & WILSON LLP 14 15 _____________________________________ Konrad K. Gatien Attorneys for Plaintiff Mad Dogg Athletics, Inc. 16 17 18 19 Dated: ___________, 2009 GARY BRIDEN 20 _____________________________________ 21 22 23 Dated: ___________, 2009 GREAT SPORTS, INC. _____________________________________ 24 25 By: _____________________________________ Its: _____________________________________ 26 27 28 -5- FINAL JUDGMENT UPON CONSENT
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
