Adidas America Inc. et al v. Wah Lei Footwear (U.S.A) Corporation et al, No. 2:2008cv04969 - Document 31 (C.D. Cal. 2008)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT by Judge John F. Walter that Judgment shall be entered against Defendant Sunny Shoes as to each of the claims asserted by adidas against it. Sunny Shoes and all its agents, officers, employees, repre sentatives, successors, assigns, attorneys, and all other persons acting for, with, by, through, or under authority from Sunny Shoes, or in concert or participation with Sunny Shoes, and each of them, be PERMANENTLY ENJOINED and RESTRAINED (see document for further details). The parties shall bear their own costs, including Attorneys' fees. The Court shall have continuing jurisdiction to enforce the provisionsof the permanent injunction entered herein. (jp)
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A d i d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 a s A m e r i c a I n c . e t a l D v o. Dennis Wilson (Bar No. 155407) David K. Caplan (Bar No. 181174) KEATS McFARLAND & WILSON LLP 9720 Wilshire Boulevard, Penthouse Suite Beverly Hills, California 90212 Telephone: (310) 248-3830 Facsimile: (310) 860-0363 Email: DWilson@kmwlaw.com DCaplan@kmwlaw.com R. Charles Henn Jr. Sara M. Vanderhoff KILPATRICK STOCKTON LLP Suite 2800 1100 Peachtree Street Atlanta, GA 30309 Telephone: (404) 815-6500 Facsimile: (404) 815-6555 Email: chenn@kilpatrickstockton.com svanderhoff@kilpatrickstockton.com Attorneys for Plaintiffs 15 UNITED STATES DISTRICT COURT 16 CENTRAL DISTRICT OF CALIFORNIA 17 WESTERN DIVISION 18 19 20 ADIDAS AMERICA, INC., and ADIDAS AG, Plaintiff, 21 22 23 24 25 v. WAH LEI FOOTWEAR (U.S.A.) CORPORATION, FU JU (U.S.A.) GROUP INC., LA DISCOUNT SHOES, SUNNY SHOES CORP., and TOP SHOES, INC. Case No.: CV08-04969-JFW FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT REGARDING SUNNY SHOES CORP. Defendants. 26 27 28 US2008 410919.1 D o c k e 1 This Court, having considered the Complaint on file in this action, and 2 Defendant Sunny Shoes Corp. (“Sunny Shoes”), a California corporation, having 3 consented to the terms of the judgment and permanent injunction set forth below, 4 this Court hereby finds as follows: 5 1. Plaintiff adidas AG owns and adidas America, Inc. extensively uses the 6 Three-Stripe trademark (the “Three-Stripe Mark”), which is covered by valid U.S. 7 Trademark Registration Nos. 870,136, 1,815,956, 1,833,868, 2,016,963, 2,058,619, 8 2,278,589, 2,278,591, 2,284,308, 2,909,861, 2,999,646, 3,029,127, 3,029,129, 9 3,029,135, 3,087,329, and 961,353 (the “Trademark Registrations”). Copies of the 10 11 Trademark Registrations are attached hereto collectively as Exhibit A. 2. On July 29, 2008, adidas filed a complaint in the instant action claiming, 12 inter alia, that Sunny Shoes advertised, distributed, offered for sale and sold footwear 13 bearing four parallel stripes in a manner that infringes adidas’s rights in and dilutes the 14 distinctive quality of adidas’s Three-Stripe Mark (the “Infringing Footwear”). A 15 photograph of a representative example of the Infringing Footwear is attached hereto 16 as Exhibit B. 17 18 19 20 21 22 3. The Court has jurisdiction over the subject matter of this action and over Sunny Shoes and venue in this action is proper in this judicial district. IT IS HEREBY ORDERED that: 1. Judgment shall be entered against Defendant Sunny Shoes as to each of the claims asserted by adidas against it. 2. Sunny Shoes and all its agents, officers, employees, representatives, 23 successors, assigns, attorneys, and all other persons acting for, with, by, through, or 24 under authority from Sunny Shoes, or in concert or participation with Sunny Shoes, 25 and each of them, be PERMANENTLY ENJOINED and RESTRAINED, from: 26 27 -1- 28 US2008 410919.1 PERMANENT INJUNCTION ON CONSENT 1 a. manufacturing, selling, offering for sale, advertising, promoting, 2 distributing or displaying the Infringing Footwear; 3 b. manufacturing, selling, offering for sale, advertising, promoting, 4 distributing or displaying any other footwear bearing the Three- 5 Stripe Mark or any other confusingly similar imitation of adidas's 6 Three-Stripe Mark, including without limitation any footwear 7 having a design, mark, or feature on the side of the upper that 8 consists of (1) the Three-Stripe Mark (in a similar position, size 9 and spacing as depicted in the Trademark Registrations) with one 10 additional stripe; or (2) the Three-Stripe Mark (in a similar 11 position, size and spacing as depicted in the Trademark 12 Registrations) less one of the three stripes; 13 3. The parties shall bear their own costs, including attorneys’ fees. 14 4. The Court shall have continuing jurisdiction to enforce the provisions 15 16 of the permanent injunction entered herein. IT IS SO ORDERED, this 19th day of September, 2008. 17 18 _________________________________ The Honorable John F. Walter, Judge United States District Court 19 20 21 22 23 24 25 26 27 -2- 28 US2008 410919.1 PERMANENT INJUNCTION ON CONSENT
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