-RZ Speculative Product Design, Inc. v. Victor G Gomez et al, No. 2:2011cv01597 - Document 27 (C.D. Cal. 2011)

Court Description: PERMANENT INJUNCTION filed by Judge Dale S. Fischer against DefendantT Victor G Gomez. PERMANENT INJUNCTION. Defendant and any person or entity acting in concert with, or at the direction of him, including any and all agents,servants, employees, part ners, assignees, distributors, suppliers, resellers and any others over which he may exercise control, are hereby restrained and enjoined, pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, or authorizing or assisting any thi rd party to engage in, any of the following activities in the United States and throughout the world: a. importing, exporting, marketing, selling, offering for sale, distributing or dealing in any product or service that uses, or otherwise making any use of, any of Plaintiffs SPECK and CANDYSHELL trademarks, and/or any intellectual property that is confusingly or substantially similar. Plaintiff is entitled to recover from Defendant the sum of One Million Dollars ($1,000,000.00) on Plaintif fs Complaint for Damages and Declaratory Relief against Defendant subject to the terms of a separate Confidential Settlement Agreement entered into by and between Plaintiff and Defendant. NO APPEALS AND CONTINUING JURISDICTION. No appeals shall be ta ken from this Final Judgment, Including Permanent Injunction, and the parties waive all rights to appeal. This Court expressly retains jurisdiction over this matter to enforce any violation of the terms of this Final Judgment, Including Permanent Injunction, and the Permanent Injunction herein. NO FEES AND COSTS. Each party shall bear his/its own attorneys fees and costs incurred in this matter. (MD JS-6. Case Terminated) (shb)

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-RZ Speculative Product Design, Inc. v. Victor G Gomez et al Doc. 27 1 2 3 4 5 6 JS-6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 SPECULATIVE PRODUCT DESIGN, INC., 16 Plaintiff, 17 18 19 20 v. Case No.: CV11-01597 DSF (RZx) FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT VICTOR G. GOMEZ VICTOR G. GOMEZ, et al., Defendant. 21 22 23 The Court, pursuant to the Stipulation For Entry of Final Judgment, 24 Including Permanent Injunction (“Stipulation”), between Plaintiff SPECULATIVE 25 PRODUCT DESIGN, INC. (“Plaintiff”) on the one hand, and Defendant VICTOR 26 G. GOMEZ (“Defendant”), on the other, hereby ORDERS, ADJUDICATES and 27 DECREES that final judgment, including permanent injunction, shall be and 28 hereby is entered on the Complaint in the above-referenced matter as follows: -1FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION Dockets.Justia.com 1 1. PERMANENT INJUNCTION. Defendant and any person or entity 2 acting in concert with, or at the direction of him, including any and all agents, 3 servants, employees, partners, assignees, distributors, suppliers, resellers and any 4 others over which he may exercise control, are hereby restrained and enjoined, 5 pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, or 6 authorizing or assisting any third party to engage in, any of the following activities 7 in the United States and throughout the world: a. 8 importing, exporting, marketing, selling, offering for sale, 9 distributing or dealing in any product or service that uses, or otherwise making any 10 use of, any of Plaintiff’s SPECK® and CANDYSHELL® trademarks, and/or any 11 intellectual property that is confusingly or substantially similar to, or that 12 constitutes a colorable imitation of, any of Plaintiff’s SPECK® and 13 CANDYSHELL® trademarks, whether such use is as, on, in or in connection with 14 any trademark, service mark, trade name, logo, design, Internet use, website, 15 domain name, metatags, advertising, promotions, solicitations, commercial 16 exploitation, television, web-based or any other program, or any product or service, 17 or otherwise; 18 b. performing or allowing others employed by or representing him, 19 or under his control, to perform any act or thing which is likely to injure Plaintiff, 20 any of Plaintiff’s SPECK® and CANDYSHELL® trademarks, and/or Plaintiff’s 21 business reputation or goodwill; 22 c. engaging in any acts of federal and/or state trademark 23 infringement, false designation of origin, unfair competition, dilution, or other act 24 which would tend damage or injure Plaintiff; and/or 25 26 27 28 d. using any Internet domain name or website that includes any of Plaintiff’s trademarks, including the SPECK® and CANDYSHELL® marks. 2. Defendant is ordered to deliver immediately for destruction all unauthorized products, including counterfeit SPECK® and CANDYSHELL® -2FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION 1 products and related products, labels, packages, wrappers and advertisements 2 relating thereto in his possession or under his control bearing any of Plaintiff’s 3 intellectual property or any simulation, reproduction, counterfeit, copy or colorable 4 imitations thereof. 3. 5 6 This Final Judgment shall be deemed to have been served upon Defendant at the time of its execution by the Court. 4. 7 The Court finds there is no just reason for delay in entering this 8 Permanent Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil 9 Procedure, the Court directs immediate entry of this Permanent Injunction against 10 Defendant. 5. 11 Plaintiff is entitled to recover from Defendant the sum of One Million 12 Dollars ($1,000,000.00) on Plaintiff’s Complaint for Damages and Declaratory 13 Relief against Defendant subject to the terms of a separate Confidential Settlement 14 Agreement entered into by and between Plaintiff and Defendant. 15 6. NO APPEALS AND CONTINUING JURISDICTION. No 16 appeals shall be taken from this Final Judgment, Including Permanent Injunction, 17 and the parties waive all rights to appeal. This Court expressly retains jurisdiction 18 over this matter to enforce any violation of the terms of this Final Judgment, 19 Including Permanent Injunction, and the Permanent Injunction herein. 20 /// 21 /// 22 /// 23 24 25 26 27 28 -3FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION 1 2 3 4 7. NO FEES AND COSTS. Each party shall bear his/its own attorneys’ fees and costs incurred in this matter. IT IS SO ORDERED, ADJUDICATED and DECREED this 27th day of December, 2011. 5 6 7 8 9 _______________________________ HON. DALE S. FISCHER United States District Judge Central District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION

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