McIntosh Laboratory Inc v. Acer Capital Group Inc, No. 8:2013cv00848 - Document 20 (C.D. Cal. 2013)

Court Description: FINAL JUDGMENT by Judge Josephine Staton Tucker, in favor of McIntosh Laboratory Inc against Acer Capital Group Inc. Related to: Stipulation for Judgment 19 (MD JS-6, Case Terminated). (twdb)

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McIntosh Laboratory Inc v. Acer Capital Group Inc Doc. 20 1 2 J S -6 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 MCINTOSH LABORATORY, INC., a No.: SACV13-848-JST (FFMx) 13 FINAL JUDGMENT Delaware corporation, 14 15 Plaintiff, Hon. Judge Josephine Staton Tucker vs. ACER CAPITAL GROUP, INC., dba 16 ACG COMPANIES, a California corporation, 17 Defendant. 18 19 Upon consideration of the parties Stipulation for Entry of Consent Judgment 20 and [Proposed] Final Judgment, and good cause appearing therefore, it is HEREBY 21 ADJUDGED, ORDERED AND DECREED that final judgment is hereby entered as 22 follows: 23 24 1. Plaintiff McIntosh Laboratory, Inc.’s ("Plaintiff") U.S. Trademark 25 Registration Nos. 0656034, 1106001, 2022091, 2035338 2709210 26 (collectively “the MCINTOSH Marks”) are duly issued, valid and 27 enforceable; 28 SACV13-848-JST (FFMx) FINAL JUDGMENT -1US_ACTIVE-114109418.1 Dockets.Justia.com 1 2. Defendant Acer Capital Group, Inc. dba ACG Companies’ ("Defendant) 2 manufacture and sale of audio equipment bearing the trade name and trade 3 mark 4 advertising of such products on a website at the domain name 5 www.macntoshaudio.com (“the MACNTOSH Domain Name”), as described 6 in Plaintiffs' Complaint filed in the above-captioned action, infringe the 7 MCINTOSH Marks; MACNTOSH (“the MACNTOSH Mark”), and Defendant’s 8 3. Defendant and its partners, officers, agents, servants, employees, owners and 9 representatives, including but not limited to its managing partner Paul A. 10 Garcia in both his corporate and individual capacity, and all other persons, 11 firms or corporations in active concert or participation with it, shall 12 immediately cease and permanently refrain from making (or having made), 13 using, importing, offering for sale, or selling anywhere any products bearing 14 the MACNTOSH Mark or any other mark that is confusingly similar to or a 15 colorable imitation of the MCINTOSH Marks; 16 4. Defendant and its partners, officers, agents, servants, employees, owners and 17 representatives, including but not limited to its managing partner Paul A. 18 Garcia in both his corporate and individual capacity, and all other persons, 19 firms or corporations in active concert or participation with it, shall 20 immediately cease and permanently refrain from using the MACNTOSH 21 Domain Name, or any other domain name that is confusingly similar to or a 22 colorable imitation of the MCINTOSH Marks, and shall transfer the 23 MACNTOSH Domain Name URL to McIntosh; 24 25 5. Defendant shall immediately file with the USPTO an express abandonment with prejudice of the ‘361 Application; 26 6. Plaintiff's requests for money damages are dismissed; 27 7. All parties shall bear their own attorneys' fees and costs incurred in this 28 action; and SACV13-848-JST (FFMx) FINAL JUDGMENT -2US_ACTIVE-114109418.1 1 8. This Court retains jurisdiction to enforce the terms of the parties' settlement 2 agreement, and resolve any disputes regarding compliance with this Final 3 Judgment. 4 5 6 DATED: August 27, 2013 7 8 JOSEPHINE STATON TUCKER United States District Court Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SACV13-848-JST (FFMx) FINAL JUDGMENT -3US_ACTIVE-114109418.1

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