California Board Sports, Inc. et al v. Air Max Trading Inc., No. 2:2008cv04612 - Document 44 (C.D. Cal. 2008)
Court Description: ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION; VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANT RUNNER aka SUPER RUNNERS by Judge Percy Anderson: Upon Stipulation 42 ORDERED, ADJUDGED, and DECREED that Defendant Runner aka Super Runn ers ("Defendant") and its agents, servants, employees and all persons in active concert and participation with it who receive actual notice of this Final Judgment are hereby permanently restrained and enjoined from infringing upon either th e DC Marks or the Osiris Designs, etc. Plaintiffs and Defendant shall bear their own costs associated with this action. Except as otherwise provided herein, this action is fully resolved with prejudice as to Defendant Runner aka Super Runners. See document for details. (gk)
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California Board Sports, Inc. et al v. Air Max Trading Inc. 1 2 3 4 5 6 7 Doc. 44 Brent H. Blakely (SBN 157292) bblakely@blakelylawgroup.com Cindy Chan (SBN 247495) cchan@blakelylawgroup.com BLAKELY LAW GROUP 915 North Citrus Avenue Hollywood, California 90038 Telephone: (323) 464-7400 Facsimile: (323) 464-7410 Attorneys for Plaintiffs California Board Sports, Inc. and Quiksilver, Inc. 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 16 CALIFORNIA BOARD SPORTS, INC., a )CASE NO. CV 08-4612 PA (JWJx) ) California Corporation; QUIKSILVER, ) ORDER RE CONSENT INC., a Delaware Corporation, ) JUDGMENT INCLUDING A ) PERMANENT INJUNCTION; Plaintiffs, ) VOLUNTARY DISMISSAL WITH vs. ) PREJUDICE AS TO DEFENDANT ) RUNNER aka SUPER RUNNERS AIR NICE SHOES, INC., et al., ) ) Defendants. ) 17 Plaintiffs California Board Sports, Inc. and Quiksilver, Inc. (“Plaintiffs”) and 18 Defendant Runner aka Super Runners (“Defendant”) have entered into a Settlement 19 Agreement and Mutual Release as to the claims in the above referenced matter. 20 Defendant, having agreed to consent to the below terms, it is hereby: 12 13 14 15 21 ORDERED, ADJUDGED, and DECREED as among the parties hereto that: 22 1. 23 24 This Court has jurisdiction over the parties to this Final Judgment and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121. 2. Plaintiff Quiksilver, Inc. (“Quiksilver”) is the owner of the DC Shoes® 25 Marks, including but not limited to, U.S. Registration Nos. 2317622, 2427124, and 26 3040219 (hereinafter “DC Marks”). 27 28 3. Plaintiff California Boards Sports, Inc. (“CBSI”) is the owner of the brand “Osiris,” a company engaged in the sale of casual shoes, accessories and apparel in the 1 [PROPOSED] ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANT RUNNER AKA SUPER RUNNERS Dockets.Justia.com 1 skateboarding industry. CBSI uses several different designs and patterns on its shoes 2 to decorate and embellish the shoes, including, but not limited to, the copyrighted 3 designs entitled “Smoking Gun” (VA0001630187) and “Dollar Rose” 4 (VA0001630186) (hereinafter collectively “Osiris Designs”) 5 4. Plaintiffs have alleged that Defendant’s purchase and sale of footwear 6 falsely bearing the DC Marks constitutes trademark infringement and unfair 7 competition under the Lanham Trademark Act, 15 U.S.C. § 1051, et seq. and under the 8 common law. 9 5. Furthermore, Plaintiffs have alleged that Defendant’s purchase and sale of 10 footwear falsely bearing the Osiris Designs constitutes copyright infringement and 11 unfair competition under the Copyright Act, 17 U.S.C. § 501, et seq. and under the 12 common law. 13 6. Defendant and its agents, servants, employees and all persons in active 14 concert and participation with it who receive actual notice of this Final Judgment are 15 hereby permanently restrained and enjoined from infringing upon either the DC Marks 16 or the Osiris Designs, either directly or contributorily, in any manner, including 17 generally, but not limited to manufacturing, importing, distributing, advertising, selling 18 and/or offering for sale any unauthorized product bearing the DC Marks and/or Osiris 19 Designs, or marks confusingly similar to or constituting a colorable imitation thereof, 20 and, specifically from: 21 (a) using the DC Marks and/or Osiris Designs or any reproduction, 22 counterfeit, copy or colorable imitation of same in connection with the manufacture, 23 importation, distribution, advertisement, offer for sale and/or sale of merchandise 24 comprising not the genuine products of Plaintiffs, or in any manner likely to cause 25 others to believe that the counterfeit products are connected with Plaintiffs or 26 Plaintiffs’ genuine merchandise; 27 28 2 [PROPOSED] ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANT RUNNER AKA SUPER RUNNERS 1 (b) passing off, inducing or enabling others to sell or pass off any 2 products or other items that are not Plaintiffs’ genuine merchandise as and for 3 Plaintiffs’ genuine merchandise; 4 (c) committing any other acts calculated to cause purchasers to believe 5 that Defendant’s products are Plaintiffs’ genuine merchandise unless they are such; 6 and 7 (d) shipping, delivering, holding for sale, distributing, returning, 8 transferring or otherwise moving, storing or disposing of in any manner items falsely 9 bearing the DC Marks and/or Osiris Designs, or any reproduction, counterfeit, copy or 10 11 12 13 14 15 colorable imitation of same. 7. Plaintiffs and Defendant shall bear their own costs associated with this action. 8. The execution of this Final Judgment by Counsel for the parties shall serve to bind and obligate the parties hereto. 9. The jurisdiction of this Court is retained for the purpose of making any 16 further orders necessary or proper for the construction or modification of this Final 17 Judgment, the enforcement thereof and the punishment of any violations thereof. 18 Except as otherwise provided herein, this action is fully resolved with prejudice as to 19 Defendant Runner aka Super Runners. 20 21 10. This Final Judgment shall be deemed to have been served upon Defendant at the time of its execution by the Court. 22 23 ORDER IT IS SO ORDERED. 24 25 26 DATED: November 8, 2008 HON. PERCY ANDERSON United States District Judge 27 28 3 [PROPOSED] ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANT RUNNER AKA SUPER RUNNERS
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