Eat Strong, LLC, v. Palomino Trade, LLC,, No. 5:2023cv02041 - Document 30 (C.D. Cal. 2024)
Court Description: ORDER AND FINAL JUDGMENT INCLUDING PERMANENT INJUNCTION 27 by Judge R. Gary Klausner. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this case be deemed "exceptional" under 15 USC 1117(a). FURTHER ORDERED, ADJUDGED AND DECREED that Judgm ent be entered in favor of Plaintiff Eat Strong, LLC, in the amount of $16,449 against Defendant Palomino Trade, LLC, for attorneys' fees. FURTHER ORDERED, ADJUDGED AND DECREED that the Defaulting Defendant, Palomino Trade, LLC and its owne rs, officers, agents, servants, employees, attorneys, suppliers, distributors, those who provide marketing, promotional, distribution, and selling services for Palomino Trade, LLC are permanently restrained and enjoined. (MD JS-6, Case Terminated). See Order for further specifics. (jp)
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Eat Strong, LLC, v. Palomino Trade, LLC, Doc. 30 1 JS6 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION 9 10 Eat Strong, LLC., a Utah company, Plaintiff, 11 12 v. 13 Palomino Trade, LLC, a California company, 14 Defendant. 15 16 17 Case No. 5:23-cv-02041 DDP (KKx) [PROPOSED] ORDER AND FINAL JUDGMENT INCLUDING PERMANENT INJUNCTION [27] Hon. R. Gary Klausner, Presiding Judge Trial Date: None Based upon the Application for Default Judgment submitted by Plaintiff Eat 18 Strong, LLC the Court believes this is a proper action to make a Final Judgment 19 including a Permanent Injunction. 20 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this case be 21 deemed “exceptional” under 15 U.S.C. § 1117(a). 22 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Judgment 23 be entered in favor of Plaintiff Eat Strong, LLC, in the amount of $16,449 against 24 Defendant Palomino Trade, LLC, for attorneys’ fees. 25 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the 26 Defaulting Defendant, Palomino Trade, LLC and its owners, officers, agents, 27 servants, employees, attorneys, suppliers, distributors, those who provide marketing, 28 promotional, distribution, and selling services for Palomino Trade, LLC are 0919.002\9992 -1- [PROPOSED] FINAL JUDGMENT INCLUDING PERMANENT INJUNCTION Dockets.Justia.com 1 permanently restrained and enjoined from infringing on the FUELED FRESH 2 KITCHEN trademark (“TRADEMARK”), either directly or contributorily, in any 3 manner, including but not limited to: 4 1. Using on its Internet website, https://www.fueldkitchen.com, or using on 5 any other website operated by, controlled by, or affiliated with Palomino Trade, LLC 6 (including without limitation, ubereats.com, yelp.com, Instagram, Facebook, or 7 similar third party website) anywhere in the world any reproduction, counterfeit, 8 copy, or colorable imitation of the TRADEMARK, or using the words “FUELED” 9 and/or “FUEL’D” otherwise, for so long as the TRADEMARK is being used by Eat 10 Strong, LLC, or any successor-in-interest, by itself or in connection with any other 11 word, symbol or alphanumeric characters, in connection with the sale, offering for 12 sale, distribution, or advertising of any goods or services in the food, food preparation, 13 or restaurant industry; 14 2. Using any advertisement, label, package, sign, written solicitation, 15 printed material, electronic media, television broadcast or video broadcast featuring 16 the TRADEMARK, or anywhere in the world any reproduction, counterfeit, copy, or 17 colorable imitation of the TRADEMARK, including using the words “FUELED” 18 and/or “FUEL’D” otherwise, for so long as the TRADEMARK is being used by Eat 19 Strong, LLC, or any successor-in-interest, by itself or in connection with any other 20 word, symbol or alphanumeric characters, in connection with the sale, offering for 21 sale, distribution, or advertising of any goods or services in the food, food preparation, 22 or restaurant industry; 23 3. Making any statement or representation whatsoever, or using any false 24 designation of origin or false description, or performing any act, which can or is likely 25 to lead the trade or public, or individual members thereof, to believe that any services 26 rendered by Defendant are in any manner associated or connected with Eat Strong, 27 LLC, or are sold, licensed, sponsored, approved, or authorized by Eat Strong, LLC; 28 0919.002\9992 -2- [PROPOSED] FINAL JUDGMENT INCLUDING PERMANENT INJUNCTION 1 4. Engaging in any course of conduct likely to cause confusion, deception 2 or mistake, or to injure Eat Strong, LLC’s business reputation or dilute the distinctive 3 quality of the Trademark; 4 5. Effecting assignments or transfers, forming new entities or associations, 5 or utilizing any other device for the purpose of circumventing or otherwise avoiding 6 the prohibitions set forth in subparagraphs (i) through (v). 7 Defendant Palomino Trade, LLC, is hereby ordered to deliver up for 8 destruction to Eat Strong all products, advertisements, promotional materials, and 9 signage in their possession or under their control bearing the TRADEMARK, or any 10 simulation, reproduction, counterfeit, copy or colorable imitation thereof, pursuant to 11 15 U.S.C. § 1118; 12 The Court shall retain jurisdiction to enforce the terms of the Permanent 13 Injunction in this matter. All remaining claims between the parties are dismissed with 14 prejudice. 15 16 Dated: 2/21/2024 17 18 Honorable R. Gary Klausner U.S. District Court Judge 19 20 21 22 23 Respectfully submitted by Conkle, Kremer & Engel, PLC 24 25 /s/ Amanda R. Washton Amanda R. Washton 26 Attorneys for Plaintiff Eat Strong LLC 27 28 0919.002\9992 -3- [PROPOSED] FINAL JUDGMENT INCLUDING PERMANENT INJUNCTION
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