-E Monster Cable Products, Inc. v. Rickie Schiffhauer et al, No. 2:2010cv10020 - Document 20 (C.D. Cal. 2011)

Court Description: FINAL JUDGMENT INCLUDING PERMANENT INJUNCTION pursuant to stipulation between plaintiff and against defendant Rickie Schiffhauer by Judge S. James Otero (MD JS-6. Case Terminated) (lc)

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-E Monster Cable Products, Inc. v. Rickie Schiffhauer et al 1 2 3 4 5 6 Doc. 20 JOHNSON & PHAM, LLP Christopher Q. Pham, SBN: 206697 E-mail: cpham@johnsonpham.com Ani Sakalian, SBN: 274846 E-mail: asakalian@johnsonpham.com 6355 Topanga Canyon Boulevard, Suite 115 Woodland Hills, California 91367 Telephone: (818) 888-7540 Facsimile: (818) 888-7544 JS-6 7 8 Attorneys for Plaintiff MONSTER CABLE PRODUCTS, INC. 9 10 11 12 13 14 15 William W. Moehle, Esq. E-mail: bill.moehle@gmail.com 2425 Clover Street Rochester, New York 14618 Telephone: (585) 271-3249 Facsimile: (585) 271-0847 Attorneys for Defendant RICKIE SCHIFFHAUER 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 19 20 MONSTER CABLE PRODUCTS, INC., a California Corporation, 21 [PROPOSED] -------------FINAL Plaintiff, 22 23 vs. 24 25 Case No.: CV10-10020 SJO (Ex) JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT RICKIE SCHIFFHAUER RICKIE SCHIFFHAUER, an Individual, et al., 26 27 Defendants. 28 -1[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION Dockets.Justia.com 1 The Court, pursuant to the Stipulation For Entry of Final Judgment, 2 Including Permanent Injunction (“Stipulation”), between Plaintiff MONSTER 3 CABLE PRODUCTS, INC. (“Plaintiff”) on the one hand, and Defendant RICKIE 4 SCHIFFHAUER (“Defendant”), on the other, hereby ORDERS, ADJUDICATES 5 and DECREES that final judgment, including permanent injunction, shall be and 6 hereby is entered on the Complaint in the above-referenced matter as follows: 1. 7 PERMANENT INJUNCTION. Defendant and any person or entity 8 acting in concert with, or at the direction of it, including any and all agents, 9 servants, employees, partners, assignees, distributors, suppliers, resellers and any 10 others over which it may exercise control, are hereby restrained and enjoined, 11 pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, or 12 authorizing or assisting any third party to engage in, any of the following activities 13 in the United States and throughout the world: 14 a. copying, manufacturing, importing, exporting, marketing, 15 selling, offering for sale, distributing or dealing in any product or service that uses, 16 or otherwise making any use of, any Plaintiff’s Monster® trademarks, and/or any 17 intellectual property that is confusingly or substantially similar to, or that 18 constitutes a colorable imitation of, any of Plaintiff’s Monster® trademarks, 19 whether such use is as, on, in or in connection with any trademark, service mark, 20 trade name, logo, design, Internet use, website, domain name, metatags, 21 advertising, promotions, solicitations, commercial exploitation, television, web- 22 based or any other program, or any product or service, or otherwise; 23 b. performing or allowing others employed by or representing it, 24 or under its control, to perform any act or thing which is likely to injure Plaintiff, 25 any Plaintiff’s Monster® trademarks, and/or Plaintiff’s business reputation or 26 goodwill; 27 /// 28 /// -2[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION c. 1 engaging in any acts of federal and/or state trademark 2 infringement, false designation of origin, unfair competition, dilution, or other act 3 which would tend damage or injure Plaintiff; and/or d. 4 5 using any Internet domain name or website that includes any Plaintiff’s trademarks, including the Monster® Beats® marks. 2. 6 Defendant is ordered to deliver immediately for destruction all 7 unauthorized products, including counterfeit Monster® products and related 8 products, labels, signs, prints, packages, wrappers, receptacles and advertisements 9 relating thereto in its possession or under its control bearing any of Plaintiff’s 10 intellectual property or any simulation, reproduction, counterfeit, copy or colorable 11 imitations thereof, and all plates, molds, heat transfers, screens, matrices and other 12 means of making the same, to the extent that any of these items are in Defendant’s 13 possession. 14 15 3. This Final Judgment shall be deemed to have been served upon Defendant at the time of its execution by the Court. 16 4. The Court finds there is no just reason for delay in entering this 17 Permanent Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil 18 Procedure, the Court directs immediate entry of this Permanent Injunction against 19 Defendant. 20 5. NO APPEALS AND CONTINUING JURISDICTION. No 21 appeals shall be taken from this Final Judgment, Including Permanent Injunction, 22 and the parties waive all rights to appeal. This Court expressly retains jurisdiction 23 over this matter to enforce any violation of the terms of this Final Judgment, 24 Including Permanent Injunction, and the Permanent Injunction herein. 25 /// 26 /// 27 28 -3[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION 1 2 3 4 6. NO FEES AND COSTS. Each party shall bear its own attorneys’ fees and costs incurred in this matter. IT IS SO ORDERED, ADJUDICATED and DECREED this __9th__ day of June , 2011. 5 6 7 8 9 _______________________________ HON. S. JAMES OTERO United States District Judge for the Central District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION

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