-JC Monster Cable Products, Inc. v. KM Electronics, LLC et al, No. 2:2010cv10026 - Document 14 (C.D. Cal. 2011)

Court Description: FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT KM ELECTRONICS, LLC by Judge Margaret M. Morrow. PERMANENT INJUNCTION. Defendant and any person or entity acting in concert with, or at the direction of its, including any and all agen ts, servants, employees, partners, assignees, distributors, suppliers, resellers and any others over which it may exercise control, are hereby restrained and enjoined, pursuant to 15 U.S.C. 1116, from engaging in, directly or indirectly, or authorizi ng or assisting any third party to engage in, any of the following activities in the United States and throughout the world: copying, manufacturing, importing, exporting, marketing, selling, offering for sale, distributing or dealing in any product o r service that uses, or otherwise making any use of, any Plaintiff's Monster trademarks, and/or any intellectual property that is confusingly or substantially similar to, or that constitutes a colorable imitation of, any of Plaintiff's Mons ter trademarks, whether such use is as, in or in connection with any trademark, service mark, trade name, logo, design, Internet use, website, domain name, metatags, advertising, promotions, solicitations, commercial exploitation, television, web-bas ed or any other program, or any other product or service. Plaintiff is entitled to recover and Defendant shall pay to Plaintiff the sum of Three Hundred Thousand Dollars ($300,000.00) on Plaintiff's Complaint for Damages and Declaratory Relief, (MD JS-6, Case Terminated). (bp)

Download PDF
-JC Monster Cable Products, Inc. v. KM Electronics, LLC et al Doc. 14 E-FILED 03.23.11 1 JS-6 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 MONSTER CABLE PRODUCTS, INC., a California Corporation, 16 Plaintiff, 17 18 19 20 vs. Case No.: CV10-10026 MMM (JCx) [PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT KM ELECTRONICS, LLC KM ELECTRONICS, LLC, a Wisconsin Domestic Limited Liability Company, et al., 21 22 Defendants. 23 24 25 26 27 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 KM 4 ELECTRONICS, 5 ADJUDICATES and DECREES that final judgment, including permanent 6 injunction, shall be and hereby is entered on the Complaint in the above-referenced 7 matter as follows: 1. 8 LLC (“Defendant”), on the other, hereby ORDERS, PERMANENT INJUNCTION. Defendant and any person or entity 9 acting in concert with, or at the direction of it, including any and all agents, 10 servants, employees, partners, assignees, distributors, suppliers, resellers and any 11 others over which it may exercise control, are hereby restrained and enjoined, 12 pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, or 13 authorizing or assisting any third party to engage in, any of the following activities 14 in the United States and throughout the world: 15 a. copying, manufacturing, importing, exporting, marketing, 16 selling, offering for sale, distributing or dealing in any product or service that uses, 17 or otherwise making any use of, any Plaintiff’s Monster® trademarks, and/or any 18 intellectual property that is confusingly or substantially similar to, or that 19 constitutes a colorable imitation of, any of Plaintiff’s Monster® trademarks, 20 whether such use is as, on, in or in connection with any trademark, service mark, 21 trade name, logo, design, Internet use, website, domain name, metatags, 22 advertising, promotions, solicitations, commercial exploitation, television, web- 23 based or any other program, or any product or service, or otherwise; 24 b. performing or allowing others employed by or representing it, 25 or under its control, to perform any act or thing which is likely to injure Plaintiff, 26 any Plaintiff’s Monster® trademarks, and/or Plaintiff’s business reputation or 27 goodwill; 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. Plaintiff is entitled to recover and Defendant shall pay to Plaintiff the 21 sum of Three Hundred Thousand Dollars ($300,000.00) on Plaintiff’s Complaint 22 for Damages and Declaratory Relief. 23 6. NO APPEALS AND CONTINUING JURISDICTION. No 24 appeals shall be taken from this Final Judgment, Including Permanent Injunction, 25 and the parties waive all rights to appeal. This Court expressly retains jurisdiction 26 over this matter to enforce any violation of the terms of this Final Judgment, 27 Including Permanent Injunction, and the Permanent Injunction herein. 28 /// -3[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION 1 2 7. NO FEES AND COSTS. Each party shall bear its own attorneys’ fees and costs incurred in this matter. 3 4 5 IT IS SO ORDERED, ADJUDICATED and DECREED this 23rd day of March, 2011. 6 7 8 9 _______________________________ HON. MARGARET M. MORROW 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] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION

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.