Bogart, LLC v. Corinthian, Inc. et al, No. 2:2012cv01216 - Document 11 (E.D. Cal. 2012)

Court Description: ORDER 10 re Final Judgment and Permanent Injunction signed by Judge Morrison C. England, Jr. on 7/10/2012. Bogart, LLC is exclusive owner of rights to likeness, image and voice of Humphrey Bogart as well as names "Humphrey Bogart" and &qu ot;Bogart". Defendant is not, and has not been, an authorized licensee or user of the Bogart Rights. Court enters Final Judgment whereby defendant shall be PERMANENTLY enjoined and RESTRAINED from making, using, marketing, selling, distributing, circulating, brokering, offering for sale, advertising, promoting or displaying any product using the Bogart name. Defendant R.C. Willey is DISMISSED from this action with prejudice. Each party shall bear its own attorneys' fees and costs. Court will have continuing jurisdiction for purposes of any proceeding or other enforcement actions remaining from this action. (Marciel, M)

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Bogart, LLC v. Corinthian, Inc. et al Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 BOGART, LLC, a Delaware Limited Liability Company, Plaintiff, 13 14 15 16 17 18 19 Case No.: 2:12-cv-01216 MCE(EFB) ORDER RE: FINAL JUDGMENT AND PERMANENT INJUNCTION vs. CORINTHIAN, INC., a Mississippi Corporation; R.C. WILLEY HOME FURNISHINGS, a Utah Corporation; and DOES 1 through 100, inclusive, Defendants. 20 21 22 23 24 25 26 27 28 ORDER RE: FINAL JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com 1 2 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. This court has personal jurisdiction over defendant and jurisdiction 3 over the subject matter of this action. Further, the court has continuing jurisdiction 4 for purposes of any proceeding or other enforcement actions remaining from this 5 action; a. Bogart, LLC (“Bogart”) is the exclusive owner of the rights to the 6 7 likeness, image, and voice of Humphrey Bogart, as well as the names 8 “Humphrey Bogart” and “Bogart” (collectively the “Bogart Rights”); b. Defendant is not, and has not been, an authorized licensee or user of 9 the Bogart Rights; 10 c. Defendant has sold furniture with designations that include the word 11 “Bogart”; and 12 d. The above actions by defendant have caused irreparable harm to 13 14 Bogart and would continue to cause irreparable harm to Bogart if such 15 actions were to continue. 16 2. The Court enters this Final Judgment whereby defendant shall be 17 permanently enjoined and restrained from making, using, marketing, selling, 18 distributing, circulating, brokering, offering for sale, advertising, promoting or 19 displaying, any product using the Bogart name. 20 3. Defendant, R.C. Willey, is dismissed from this action with prejudice. 21 4. Each party shall bear its own attorneys’ fees and costs. 22 5. There is no just reason for delay of entering a final judgment and 23 permanent injunction and pursuant to Federal Rule of Civil Procedure 54(a), upon 24 good cause shown, the Court enters this Final Judgment. 25 26 27 28 IT IS SO ORDERED. Dated: July 10, 2012 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE 2 ORDER RE: FINAL JUDGMENT AND PERMANENT INJUNCTION

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