LeapFrog Enterprises Inc. v. Navystar Company Ltd et al, No. 2:2014cv06752 - Document 45 (C.D. Cal. 2015)

Court Description: AMENDED FINAL JUDGMENT by Judge John F. Walter: Upon Stipulation 42 , Defendants and their partners, officers, agents, servants, employees, owners, representatives and all other persons, firms or corporations in active concert or participation with Defendants, shall immediately cease and permanently refrain from making (or having made), using, importing, offering for sale, or selling anywhere any products bearing the Accused Trade Dress, etc. Each party shall bear its own fees and costs. Re 43 . (See document for further details). (Case CLOSED.) (jp)

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LeapFrog Enterprises Inc. v. Navystar Company Ltd et al 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Doc. 45 Robert N Phillips (SBN 120970) Email: robphillips@reedsmith.com Reed Smith LLP 101 Second Street Suite 1800 San Francisco, CA 94105-3659 Telephone: +1 415-543-8700 Facsimile: +1 415-391-8269 Stuart A Shanus (SBN 188046) Email: sshanus@reedsmith.com Dominique Pietz (SBN 260716) Email: dpietz@reedsmith.com Reed Smith LLP 1901 Avenue of the Stars, Suite 700 Los Angeles, CA 90067 Telephone: +1 310 734 5200 Facsimile: +1 310 734 5299 Attorneys for Plaintiff Otto O. Lee (SBN 173987) olee@iplg.com Kevin Viau (SBN 275556) kviau@iplg.com Bonnie J. Wolf (SBN 284872) bonniewolf@iplg.com INTELLECTUAL PROPERTY LAW GROUP LLP 12 South First Street, 12th Floor San Jose, California 95113 Telephone: (408) 286-8933 Facsimile: (408) 286-8932 Attorneys for Defendants CLOSED 17 18 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 19 20 21 22 23 24 25 26 27 28 ) Case No. 2:14-cv-06752-JFW-MAN ) ) AMENDED Plaintiff, ) [PROPOSED] FINAL JUDGMENT xxxxxxxxxxxx v. ) ) NAVYSTAR COMPANY LTD., a Hong ) Kong Corporation; VICTOR G. ) PETRONE & SON, INC., a California ) Judge John F. Walter Corporation, ) ) Defendants. ) ) LEAPFROG ENTERPRISES, INC., a Delaware corporation, 1 [PROPOSED] FINAL JUDGMENT Dockets.Justia.com 1 Upon consideration of the parties’ Stipulation for Entry of Consent Judgment 2 and [Proposed] Final Judgment, and good cause appearing therefore, it is HEREBY XXXXXX 3 ADJUDGED ORDERED AND DECREED that final judgment is hereby entered as 4 follows: 5 1. The Parties have reached an amicable settlement of this action. Neither 6 the Parties’ settlement nor Stipulation for Entry of Consent Judgment shall be 7 considered an admission of fault or liability by any Party; 2. 8 9 10 Plaintiff is the owner of the distinctive and protectable trade dress, examples of which are attached hereto as Exhibit A, containing all of the following non-functional elements (the “Alleged Trade Dress”): 11 a. A distinctive green background comprising most of the package; 12 b. A bright orange circular shape, with white lettering inside, indicating the 13 recommended age of product users; 14 c. An irregularly shaped green circle with white shading and green text for the 15 LeapFrog name; and 16 d. Bubble style lettering, in orange, blue and white, for the product name; 17 3. Defendants have previously shipped to and sold to companies in the 18 United States, including in this District, educational products for children using 19 packaging, examples of which are attached hereto as Exhibit B (the “Accused Trade 20 Dress”); 21 4. Defendants represent and warrant that their last shipment of products 22 bearing the Accused Trade Dress to the United States took place on October 15, 23 2014; 24 5. Defendants and their partners, officers, agents, servants, employees, 25 owners, representatives and all other persons, firms or corporations in active concert 26 or participation with Defendants, shall immediately cease and permanently refrain 27 from making (or having made), using, importing, offering for sale, or selling 28 anywhere any products bearing the Accused Trade Dress; 2 [PROPOSED] FINAL JUDGMENT XXXXXX 1 6. The Final Judgment shall be enforceable upon entry. The Parties 2 hereby waive findings of fact, conclusions of law, a statement of decision and any 3 right to set aside the Final Judgment, appeal therefrom, seek a new trial, or otherwise 4 contest the validity of the Final Judgment; 5 7. This Court shall retain jurisdiction to enforce the terms of the Parties’ 6 settlement agreement, and resolve any disputes regarding compliance with the Final 7 Judgment. Each party shall bear its own fees and costs. 8 9 10 11 May 13, 2015 Date: ______________ _______________________________________ HONORABLE JOHN F. WALTER UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] FINAL JUDGMENT xxxxxxxxx Case 2:14-cv-06752-JFW-MAN Document 1-1 Filed 08/28/14 Page 1 of 6 Page ID #:12 EXHIBIT A EXHIBIT A PAGE 4 Case 2:14-cv-06752-JFW-MAN Document 1-1 Filed 08/28/14 Page 2 of 6 Page ID #:13 -1EXHIBIT A EXHIBIT A PAGE 5 Case 2:14-cv-06752-JFW-MAN Document 1-1 Filed 08/28/14 Page 3 of 6 Page ID #:14 -2EXHIBIT A EXHIBIT A PAGE 6 Case 2:14-cv-06752-JFW-MAN Document 1-1 Filed 08/28/14 Page 4 of 6 Page ID #:15 -3EXHIBIT A EXHIBIT A PAGE 7 Case 2:14-cv-06752-JFW-MAN Document 1-1 Filed 08/28/14 Page 5 of 6 Page ID #:16 -4EXHIBIT A EXHIBIT A PAGE 8 Case 2:14-cv-06752-JFW-MAN Document 1-1 Filed 08/28/14 Page 6 of 6 Page ID #:17 -5EXHIBIT A EXHIBIT A PAGE 9 Case 2:14-cv-06752-JFW-MAN Document 1-2 Filed 08/28/14 Page 1 of 4 Page ID #:18 EXHIBIT B EXHIBIT B PAGE 10 Case 2:14-cv-06752-JFW-MAN Document 1-2 Filed 08/28/14 Page 2 of 4 Page ID #:19 -1EX XHIBIT B EXHIBIT B PAGE 11 Case 2:14-cv-06752-JFW-MAN Document 1-2 Filed 08/28/14 Page 3 of 4 Page ID #:20 -2EXHIBIT B EXHIBIT B PAGE 12 Case 2:14-cv-06752-JFW-MAN Document 1-2 Filed 08/28/14 Page 4 of 4 Page ID #:21 -3EXHIBIT B EXHIBIT B PAGE 13

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