Adidas America Inc. et al v. Wah Lei Footwear (U.S.A) Corporation et al, No. 2:2008cv04969 - Document 49 (C.D. Cal. 2008)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge John F. Walter: Judgment shall be entered against Defendant Top Shoes as to each of the claims asserted by adidas against it. Top Shoes and all its agents, officers, employees, representatives, success ors, assigns, attorneys, and all other persons acting for, with, by,through, or under authority from Top Shoes, or in concert or participationwith Top Shoes, and each of them, be PERMANENTLY ENJOINED and RESTRAINED (see document for further details). Plaintiff shall be entitled to an award of the costs of this action, including reasonable attorneys' fees. Plaintiff shall file a Motion to support theamount of this award as provided by the Court's Order. Related to: MOTION for Default Judgment against Defendant Top Shoes, Inc 42 . (jp)
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Adidas America Inc. et al v. Wah Lei Footwear (U.S.A) Corporation et al 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Doc. 49 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 NOTE: CHANGES HAVE BEEN 1100 Peachtree Street MADE TO THIS DOCUMENT 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 21 22 23 24 25 26 ADIDAS AMERICA, INC., and ADIDAS AG, Plaintiff, Case No.: CV08-04969-JFW (JTLx) FINAL JUDGMENT AND PERMANENT INJUNCTION v. WAH LEI FOOTWEAR (U.S.A.) Date: October 27, 2008 CORPORATION, FU JU (U.S.A.) GROUP INC., LA DISCOUNT SHOES, Time: 1:30 p.m. F. Walter Place: Hon. John SUNNY SHOES CORP., and TOP 312 N. Spring Street, Courtroom 16 SHOES, INC. Defendants. 27 28 Dockets.Justia.com ORDER 1 2 3 4 5 6 The Court having granted Plaintiffs’ Motion for Default Judgment as to Defendant Top Shoes, Inc. IT IS HEREBY ORDERED THAT: 1. Judgment shall be entered against Defendant Top Shoes as to each of the claims asserted by adidas against it. 2. Top Shoes and all its agents, officers, employees, representatives, 7 successors, assigns, attorneys, and all other persons acting for, with, by, 8 through, or under authority from Top Shoes, or in concert or participation 9 with Top Shoes, and each of them, be PERMANENTLY ENJOINED and 10 11 12 RESTRAINED, from: a. manufacturing, selling, offering for sale, advertising, promoting, distributing or displaying the Infringing Footwear; 13 b. manufacturing, selling, offering for sale, advertising, promoting, 14 distributing or displaying any other footwear bearing the Three- 15 Stripe Mark or any other confusingly similar imitation of adidas's 16 Three-Stripe Mark, including without limitation any footwear 17 having a design, mark, or feature on the side of the upper that 18 consists of (1) the Three-Stripe Mark (in a similar position, size and 19 spacing as depicted in the Trademark Registrations) with one 20 additional stripe; or (2) the Three-Stripe Mark (in a similar position, 21 size and spacing as depicted in the Trademark Registrations) less 22 one of the three stripes; 23 24 3. Within ten (10) days of service of this Order, Defendant shall: a. be compelled to account to adidas for any and all profits derived by 25 Defendant from the sale or distribution of infringing goods as 26 described in this Action; and 27 28 -1[PROPOSED] ORDER 1 b. pay to adidas the entire amount of said profits on account of 2 Defendant’s knowing and intentional use of confusingly similar 3 imitations of adidas's Three-Stripe Mark. 4 4. Plaintiff shall be entitled to an award of the costs of this action, including 5 reasonable attorneys’ fees. Plaintiff shall file a Moiton to support the 6 amount of this award as provided by the Court’s Order. 7 8 Dated: October 21, 2008. 9 By:____________________________ The Honorable John F. Walter United States District Court Central District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- [PROPOSED] ORDER
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