Bagdasarian Productions, LLC v. St. Clair Entertainment Group, Inc. et al, No. 2:2008cv07525 - Document 12 (C.D. Cal. 2009)

Court Description: JUDGMENT FOR STIPULATED PERMANENT INJUNCTION by Judge Florence-Marie Cooper: Upon the Stipulation of the parties 10 , and pursuant to the Settlement Agreement of the parties, Defendant St. Clair Entertainment Group, Inc. is PERMANENTLY ENJOINED. Pla intiff Bagdasarian Productions, LLC and Defendant St. Clair Entertainment Group, Inc. have consented to entry of the foregoing Permanent Injunction and waive any right of appeal. This order shall constitute a final judgment in the action. Each party shall bear its own costs of suit and attorneys' fees. All claims and parties not governed by this stipulated permanent injunction shall be dismissed with prejudice, and each party to bear its own costs of suit and attorneys' fees. The clerk shall enter this judgment on the civil docket pursuant to F.R.Civ.P. 79(a). (MD JS-6, Case Terminated) (mg)
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Bagdasarian Productions, LLC v. St. Clair Entertainment Group, Inc. et al Doc. 12 J S -6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 BAGDASARIAN PRODUCTIONS, LLC, a California limited liability company, 13 Plaintiffs, 14 JUDGMENT FOR STIPULATED PERMANENT INJUNCTION F.R.Civ.P 58(a) v. 15 CASE NO.: 2:08-cv-07525-FMC-JWJx ST. CLAIR ENTERTAINMENT GROUP, INC., a Delaware corporation, and DOES 1-10, inclusive, 16 17 Defendants. 18 19 20 21 Upon the stipulation of the parties, and pursuant to a Settlement Agreement of the parties, 22 23 IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows, and the Court makes the following Findings of Fact and Conclusions of Law: 24 1. 25 The Court has jurisdiction over the parties and the subject matter pursuant to 28 U.S.C. §§ 1338(a) and (b). 26 2. 27 Defendant St. Clair Entertainment Group, Inc., (“SCEGI”) a Delaware corporation with its principal place of business in Montreal, Canada, has 28 produced and distributed a CD entitled “A Tribute To Alvin And The LEOPOLD, PETRICH & SMITH A Professional Corporation 1 13479.doc Dockets.Justia.com 1 Chipmunks” which has been marketed with exterior CD packaging in the 2 form attached hereto as Exhibit “A” (the “St. Clair Album”). 3 3. 4 SCGEI marketed in interstate commerce the St. Clair album, it has been advertised and promoted through the Internet, and sold at retail locations 5 such as Wal-Mart stores, J&R Electronics stores, and Amazon.com. 6 7 4. SCGEI has agreed that, as of January 15, 2009, it shall be permanently 8 enjoined from the production, distribution, marketing, or other 9 exploitation of the St. Clair Album, and from the production, distribution, 10 marketing, or other exploitation of any products containing the “Alvin 11 and the Chipmunks” common law and federally registered marks for 12 “Alvin and the Chipmunks,” including, but not limited to those federally 13 registered marks attached hereto as Exhibit “B.” 14 5. 15 SCEGI, its officers, agents, servants, employees, attorneys, stockholders, and all persons in active concert or participation with them, ARE 16 HEREBY ENJOINED, from and after January 15, 2009, from the 17 production, distribution, marketing or other exploitation of the St. Clair 18 Album, and from the production, distribution, marketing or other 19 exploitation of any products which contain any of the Alvin and the 20 Chipmunks marks, including, but not limited to those federally registered 21 marks attached hereto as Exhibit “B.” 22 23 6. This Permanent Injunction may be enforced on 10 (ten) days written 24 notice to counsel of record, subject to the Court’s availability to hear the 25 matter, and may be heard before the Honorable Florence Marie Cooper, 26 the Honorable Magistrate Judge Jeffrey W. Johnson, or any other judicial 27 officer of the United States District Court with jurisdiction to enforce this 28 Permanent Injunction. LEOPOLD, PETRICH & SMITH A Professional Corporation 2 13479.doc 1 Plaintiff and Defendant have consented to entry of the foregoing Permanent 2 Injunction and waive any right of appeal. This order shall constitute a final judgment 3 in the action. Each party shall bear its own costs of suit and attorneys’ fees. All 4 claims and parties not governed by this stipulated permanent injunction shall be 5 dismissed with prejudice, and each party to bear its own costs of suit and attorneys’ 6 fees. The clerk shall enter this judgment on the civil docket pursuant to F.R.Civ.P. 7 79(a). 8 9 DATED: 1-14-09 _______________________________________ 10 UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEOPOLD, PETRICH & SMITH A Professional Corporation 3 13479.doc