CITGO Petroleum Corporation v. Trimen Oil Sales Inc
Filing
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ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION by Judge Dale S. Fischer. Show Cause Hearing set for 6/4/2012 at 1:30 PM. This Order to Show Cause and supporting papers must be served on Defendant no later than 5/25/2012, and proof of service shall be filed no later than 5/29/2012. Any response or opposition to this Order to Show Cause must be filed and personally served on Plaintiffs counsel no later than 5/30/2012. (vdr)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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CITGO PETROLEUM
CORPORATION,
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Plaintiff,
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ORDER TO SHOW CAUSE RE
PRELIMINARY INJUNCTION
v.
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Case No. CV 12-4485 DSF (FFMx)
TRIMEN OIL SALES, INC.
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Defendant.
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TO DEFENDANT TRIMEN OIL SALES, INC.:
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YOU ARE HEREBY ORDERED TO SHOW CAUSE at 1:30 p.m. on June 4,
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2012 or as soon thereafter as counsel may be heard in the courtroom of the Honorable
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Dale S. Fischer, located at 255 East Temple Street in Los Angeles, California in
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Courtroom 840, why you, your officers, agents, servants, employees and attorneys and
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those in active concert or participation with you or them, should not be retained and
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enjoined pending trial of this action from
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i. Selling or offering for sale any lubricant products in 5-gallon
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buckets or 55-gallon drums bearing a label with any CITGO
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trademark, including the MileMaster trademark or the CITGO or
MileMaster name;
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ii. Using CITGO’s Marks, including the MileMaster marks, or any
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other name or mark likely to cause confusion with CITGO’s Marks,
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in connection with the sale of any lubricants products sold in 5-
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gallon buckets or 55-gallon drums;
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iii. Doing any other act or thing likely to confuse, mislead or deceive
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others into believing that Trimen’s non-CITGO products emanate
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from, or are connected with, sponsored by or approved by CITGO;
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iv. Destroy any false advertisements or counterfeit or infringing goods,
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labels, signs, prints, packages, wrappers, receptacles, advertisements
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or other printed materials bearing the CITGO Marks or any
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reproduction, counterfeit, copy or colorable imitation of them; and
v. Assisting, aiding, or abetting any person or entity in engaging in any
of the activities prohibited in paragraphs (i) through (iv).
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FURTHER, YOU ARE HEREBY ORDERED TO SHOW CAUSE why you,
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your officers, agents, servants, employees and attorneys and those in active concert or
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participation with you or them, should not be required to:
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i. Quarantine all counterfeit and infringing products, and goods,
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labels, signs, prints, packages, wrappers, receptacles, advertisements
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or other printed materials in Trimen’s possession bearing the
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CITGO Mark or any reproduction, counterfeit, copy or colorable
imitation of them.
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ii. Quarantine any labels bearing CITGO’s Marks that it has obtained
from CITGO or a third-party vendor.
iii. Quarantine any lubricants re-packaged into 5-gallon buckets or 55-
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gallon drums that currently bear CITGO’s Marks.
iv. File with this Court and serve on CITGO a report in writing under
oath setting forth in detail the manner and form in which they have
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complied with the terms of any injunction entered by this Court, in
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accordance with 15 U.S.C. § 1116(a).
This Order to Show Cause and supporting papers must be served on Defendant
no later than May 25, 2012, and proof of service shall be filed no later than May 29,
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2012. Any response or opposition to this Order to Show Cause must be filed and
personally served on Plaintiff’s counsel no later than May 30, 2012.
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DATED: May 25, 2012
ENTERED:
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_________________________________
UNITED STATES DISTRICT JUDGE
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