Apodaca Promotions, Inc. v. John Robert Nuccio et al, No. 2:2009cv08566 - Document 12 (C.D. Cal. 2009)
Court Description: PERMANENT INJUNCTION by Judge Valerie Baker Fairbank that Defendants and all of their respective agents, servants, employees, officers, and representatives, promoters and all other persons acting in concert orparticipation with each of them, shall be and hereby are forever restrained andenjoined from directly or indirectly (see attached Permanent Injunction for further information). Plaintiff shall not be required to post any bond or security, and Defendants permanently, irrevocably, and fully waive any right to request a bond or any other security. The Court shall maintain continuing jurisdiction over this action for the purpose of enforcing this final Judgment and Permanent Injunction. (MD JS-6. Case Terminated.) (jp)
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Apodaca Promotions, Inc. v. John Robert Nuccio et al Doc. 12 ANTHONY R. LOPEZ, a Professional Corporation LAW OFFICES LOPEZ & ASSOCIATES 2 ANTHONY R. LOPEZ, CASBN 149653 9025 Wilshire Blvd., Suite 500 3 Beverly Hills, California 90211 Telephone: (310)276-4700 4 Facsimile:(310)861-0509 1 5 JS-6 Attorney for Plaintiff APODACA PROMOTIONS, INC., 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 9 321 North Spring Street, Los Angeles, CA 90012 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ) ) ) ) ) Plaintiff ) ) ) vs. ) ) JOHN ROBERT NUCCIO, CHWC INC. ) ) doing business as CRAZY HORSE, ) LOUIS ROMO, EDWIN ) BUSTAMANTE, JACQUELINE ) PALOMINO, ERICK CARIO and ) DOES 1 to 5 ) ) ) ) ) Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ________________________________ APODACA PROMOTIONS, INC., Case No. CV09-08566 VBF(JCx) PERMANENT INJUNCTION 28 1 [PROPOSED] PERMANENT INJUNCTION Dockets.Justia.com 1 The parties having stipulated to entry of this Permanent Injunction against 2 Defendant, John Robert Nuccio, Defendant, CHWC INC. doing business as 3 CRAZY HORSE, Defendant DOE 1, Phillip Cartel and Defendant DOE 2, Hector 4 Olguin (collectively referred to as "Defendants") and this court having considered 5 the stipulation of the parties, the file in this matter and good cause appearing: 6 7 IT IS HEREBY ORDERED 8 9 1. Defendants and all of their respective agents, servants, employees, 10 officers, and representatives, promoters and all other persons acting in concert or 11 participation with each of them, shall be and hereby are forever restrained and 12 enjoined from directly or indirectly infringing in any manner any of Plaintiff's 13 trademark, service mark and name, including without limitation the following: (a) 14 Using the name “La Sonora Dinamita” or any confusing similar 15 or colorable imitation of the name, in connection with advertising in any form, or 16 in connection with the goods or services of Defendants; (b) 17 Using the name “La Sonora Dinamita”or any confusing similar 18 colorable imitation of the name, in any manner for the purpose of enhancing the 19 commercial value of the goods or services of Defendants; (c) 20 21 Plaintiff’s service mark and trade name “La Sonora Dinamita”; (d) 22 23 Otherwise infringing or diluting the distinctive quality of Causing a likelihood of confusion, deception or mistake as to the makeup, source, nature or quality of Plaintiff’s or Defendants’ services. (e) 24 Contacting promoters, advertisers or other businesses for the 25 purpose of offering the services of the Defendants as “La Sonora Dinamita” or any 26 confusing similar or colorable imitation of the name. 27 28 2. Defendants have been properly and validly served with a copy of the Summons and Complaint in this action, and is subject to the jurisdiction of 2 [PROPOSED] PERMANENT INJUNCTION 1 the Court. Defendants, permanently, irrevocably, and fully waive any right to 2 contest service on them of the Summons and Complaint in this action, and further 3 acknowledge that they are subject to the jurisdiction of this Court, including for 4 enforcement of the Judgment and Permanent Injunction as to any and all conduct 5 by Defendant in violation of the Judgment and Permanent Injunction. 6 3. Defendants permanently, irrevocably, and fully waive notice of entry 7 of the Judgment and Permanent Injunction and notice and service of the entered 8 Judgment and Permanent injunction, and understand and agree that violation of the 9 Judgment and Permanent Injunction will expose Defendants to all penalties 10 provided by law, including for contempt of Court. Defendants agree forthwith to 11 give notice of this Judgment and Permanent Injunction to all of her agents, 12 servants, employees, assigns, partners, owners, alter egos, affiliates, all entities 13 through which they conduct business, representatives, promoters, successors, 14 licensees, and all those acting in concert or participation with each or any of them. 15 4. Defendants permanently, irrevocably, and fully waive any and all 16 right to appeal the Judgment and Permanent Injunction, to have it vacated or set 17 aside, to seek or obtain a new trial thereon, or otherwise to attack in any way, 18 directly or collaterally, its validity or enforceability. 19 5. Nothing contained in the Judgment and Permanent Injunction 20 shall limit the right of Plaintiff to recover damages for any and all violations 21 or infringements by Defendants of any of Plaintiff’s rights under state, federal, 22 international, or foreign law occurring after the date Defendants execute this 23 Stipulation to Judgment and Permanent Injunction. 24 6. Defendants acknowledge that Defendants have read this Stipulation 25 to Judgment and Permanent Injunction; and the attached [Proposed] Judgment and 26 Permanent Injunction, have the opportunity to have them explained by counsel of 27 Defendants’ choosing, fully understand them and agree to be bound thereby, and 28 will not deny the truth or accuracy of any term or provision herein. 3 [PROPOSED] PERMANENT INJUNCTION 1 7. Plaintiff shall not be required to post any bond or security, and 2 Defendants permanently, irrevocably, and fully waive any right to request a bond 3 or any other security. 4 5 8. The Court shall maintain continuing jurisdiction over this action for the purpose of enforcing this final Judgment and Permanent Injunction. 6 7 8 9 Dated: December 28, 2009 ______________________________ ____ UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 [PROPOSED] PERMANENT INJUNCTION
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