-JC IAPMO Research and Testing, Inc. v. MR Direct Inc. et al, No. 2:2010cv06098 - Document 12 (C.D. Cal. 2010)

Court Description: FINAL JUDGMENT BASED ON STIPULATION FOR ENTRY OF JUDGMENT AND PERMANENT INJUNCTION 11 by Judge Manuel L. Real. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that MR Direct, and each of its officers, directors, employees, agents, servants, attorneys an d representatives, and all persons acting in concert or participating with them, are hereby permanently enjoined. The Court shall retain jurisdiction over this action and the parties hereto to implement, enforce, or construe this Final Judgment Based on Stipulation for Entry of Permanent Injunction, or to punish any violations of its provisions, and the Parties expressly consent to jurisdiction and venue in this Court for any future proceedings in connection therewith. (MD JS-6. Case Terminated.) (jp)

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-JC IAPMO Research and Testing, Inc. v. MR Direct Inc. et al Doc. 12 1 LOEB & LOEB LLP PETER S. SELVIN (SBN 094710) 2 pselvin@loeb.com W. ALLAN EDMISTON (SBN 228246) 3 aedmiston@loeb.com 10100 Santa Monica Boulevard, Suite 2200 4 Los Angeles, California 90067-4120 Telephone: 310-282-2000 5 Facsimile: 310-282-2200 JS-6 6 Attorneys for PLAINTIFF IAPMO RESEARCH AND 7 TESTING, INC. 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 IAPMO RESEARCH AND TESTING, INC., a California corporation, 13 Plaintiff, 14 v. 15 MR DIRECT INC. d/b/a MR DIRECT 16 INTERNATIONAL, an Ohio corporation; KENNETH WEGRZYN, 17 an individual, Defendants. 18 19 20 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 10-6098-R(JCx) Assigned to Hon. Manuel L. Real FINAL JUDGMENT BASED ON STIPULATION FOR ENTRY OF JUDGMENT AND PERMANENT INJUNCTION Complaint Filed: August 16, 2010 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations LA2071693.2 212481-10014 [PROPOSED] FINAL JUDGMENT BASED ON STIPULATED PERMANENT INJUNCTION Dockets.Justia.com 1 Pursuant to the Stipulation for Entry of Judgment and Permanent Injunction 2 entered into herein by the parties hereto, the Court finds and determines that it has 3 jurisdiction over the subject matter of this action and personal jurisdiction over 4 defendant MR Direct. The Court also finds that IAPMO R&T is the owner of the 5 ® and UPC® marks, which are valid and incontestable under Registration No. 6 634672 and Registration No. 1,148,169, respectively, issued by the United States 7 Patent and Trademark Office. 8 Judgment is hereby granted to IAPMO R&T on its complaint herein. IT IS 9 HEREBY ORDERED, ADJUDGED AND DECREED that MR Direct, and 10 each of its officers, directors, employees, agents, servants, attorneys and 11 representatives, and all persons acting in concert or participating with them, 12 are hereby permanently enjoined from directly or indirectly using the 13 UPC® marks, or any other certification marks owned or controlled by 14 IAPMO R&T (collectively, the “Certification Marks”), or any marks similar 15 thereto or likely to cause confusion therewith, in connection with any product 16 as to which MR Direct does not have a valid Certificate of Listing, properly 17 issued by IAPMO R&T, in accordance with its applicable listing 18 requirements. 19 The Court shall retain jurisdiction over this action and the parties hereto to ® and 20 implement, enforce, or construe this Final Judgment Based on Stipulation for Entry 21 of Permanent Injunction, or to punish any violations of its provisions, and the 22 Parties expressly consent to jurisdiction and venue in this Court for any future 23 proceedings in connection therewith. 24 25 Dated: Sept. 30, 2010 26 __________________________________ Hon. Manuel L. Real Judge of the United States District Court 27 28 2 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations LA2071693.2 212481-10014 [PROPOSED] FINAL JUDGMENT BASED ON STIPULATED PERMANENT INJUNCTION PROOF OF SERVICE 1 I, Cathy Roybal, the undersigned, declare that: 2 I am employed in the County of Los Angeles, State of California, over the age 3 4 5 of 18, and not a party to this cause. My business address is 10100 Santa Monica Boulevard, Suite 2200, Los Angeles, California 90067-4120. On September 29, 2010, I served a true copy of the [PROPOSED] FINAL 6 7 8 9 10 11 12 JUDGMENT BASED ON STIPULATION FOR ENTRY OF JUDGMENT AND PERMANENT INJUNCTION on the parties in this cause as follows: [X] (VIA U.S. MAIL) by placing the above named document in a sealed envelope addressed as set forth below, or on the attached service list and by then placing such sealed envelope for collection and mailing with the United States Postal Service in accordance with Loeb & Loeb LLP’s ordinary business practices. 13 James H. O'Doherty, Esq. 14 Shumaker, Loop & Kendrick, LLP 1000 Jackson Street 15 Toledo, Ohio 43604-5573 16 jodoherty@slk-law.com Facsimile No.: (419) 241-6894 17 18 I am readily familiar with Loeb & Loeb LLP’s practice for collecting and 19 processing correspondence for mailing with the United States Postal Service and 20 Overnight Delivery Service. That practice includes the deposit of all correspondence 21 with the United States Postal Service and/or Overnight Delivery Service the same 22 day it is collected and processed. 23 I declare under penalty of perjury under the laws of the State of California 24 that the foregoing is true and correct. 25 Executed on September 29, 2010, at Los Angeles, California. 26 /s/ Cathy Roybal Cathy Roybal 27 28 LA2071693.2 212481-10014 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 LA2071693.2 212481-10014

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