Patagonia, Inc. v. Social Octane, LLC et al, No. 2:2021cv03844 - Document 19 (C.D. Cal. 2021)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Fernando M. Olguin. Judgment is entered in favor of Patagonia against Defendants. Defendants shall be jointly and severally liable to Patagonia in the amount of $25,000. (iv)
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Patagonia, Inc. v. Social Octane, LLC et al Doc. 19 Case 2:21-cv-03844-FMO-KK Document 19 Filed 07/21/21 Page 1 of 6 Page ID #:70 1 2 3 4 5 6 7 8 KILPATRICK TOWNSEND & STOCKTON LLP GREGORY S. GILCHRIST (State Bar No. 111536) RYAN T. BRICKER (State Bar No. 269100) BEATRICE O’NEIL STRNAD (State Bar No. 327791) Nineteenth Floor, Two Embarcadero Center San Francisco, California 94111 Telephone: (415) 576-0200 Facsimile: (415) 576-0300 Email: gilchrist@kilpatricktownsend.com rbricker@kilpatricktownsend.com bstrnad@kilpatricktownsend.com Attorneys for Plaintiff PATAGONIA, INC. 9 10 UNITED STATES DISTRICT COURT 11 FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 WESTERN DIVISION – LOS ANGELES 13 PATAGONIA, INC., Plaintiffs, 14 15 16 17 18 v. Case No. 2:21-cv-03844-FMO-KK FINAL JUDGMENT AND PERMANENT INJUNCTION SOCIAL OCTANE, LLC AND MADISON LENBERG, Defendants. 19 20 Plaintiff Patagonia, Inc. (“Patagonia”) has filed a Complaint alleging 21 trademark infringement, trademark dilution, and unfair competition under federal 22 and state law; copyright infringement under federal law; and breach of contract 23 under state law against co-defendants Social Octane, LLC (“Social Octane”) and 24 Madison Lenberg (“Ms. Lenberg”) (collectively, “Defendants”). After Ms. 25 Lenberg’s prior company, OC Media, LLC, settled a prior dispute and lawsuit with 26 Patagonia about the production, promotion, and sale of PETROGONIA-branded 27 product bearing designs that imitate Patagonia’s Fitz Roy Design logo, Defendants 28 resumed using the infringing and diluting PETROGONIA name and design. FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:21-cv-03844-FMO-KK -1Dockets.Justia.com Case 2:21-cv-03844-FMO-KK Document 19 Filed 07/21/21 Page 2 of 6 Page ID #:71 Case 2:21-cv-03844-FMO-KK Document 19 Filed 07/21/21 Page 3 of 6 Page ID #:72 Case 2:21-cv-03844-FMO-KK Document 19 Filed 07/21/21 Page 4 of 6 Page ID #:73 1 801-788) for the Fitz Roy Design logo. A color image of the Fitz Roy Design logo 2 follows: 3 4 5 6 7 8 C. Defendants have promoted, offered for sale, and sold – directly and/or 9 in concert with co-defendant Crude Humor Clothing, Ltd. – products, including 10 apparel, accessories, and stickers, bearing the PETROGONIA name and brand 11 together with a design that is nearly identical to the Fitz Roy Design logo (the 12 “Petrogonia Design”). Examples of products bearing the Petrogonia Design follow: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:21-cv-03844-FMO-KK -4- Case 2:21-cv-03844-FMO-KK Document 19 Filed 07/21/21 Page 5 of 6 Page ID #:74 1 II. FINAL JUDGMENT, PERMANENT INJUNCTION, AND AWARD 2 It is hereby ordered and adjudged as follows: 3 A. Judgment is entered in favor of Patagonia against Defendants. 4 Defendants shall be jointly and severally liable to Patagonia in the amount of 5 $25,000. 6 B. Commencing as of the “So Ordered” date of this Final Judgment and 7 Permanent Injunction, Defendants, their principals, officers, agents, employees, 8 attorneys, successors, assigns, affiliates, joint ventures, and any person(s) in active 9 concert or participation with Defendants, and/or any person(s) acting for, with, by, 10 through, or under Defendants’ control, who receive(s) actual notice of this Order, 11 are hereby permanently enjoined and restrained, anywhere in the world, directly or 12 indirectly, from doing, authorizing or procuring any persons to do any of the 13 following: 14 1. Manufacturing, producing, sourcing, importing, selling, offering 15 for sale, distributing, advertising, or promoting any goods or services that bear the 16 “Petrogonia” name or Petrogonia Design; 17 2. Manufacturing, producing, sourcing, importing, selling, offering 18 for sale, distributing, advertising, or promoting any goods or services that display 19 any words or symbols that so resemble the PATAGONIA trademarks as to be likely 20 to cause confusion, mistake, or deception, on or in connection with any product that 21 is not authorized by or for Patagonia; 22 3. Using any word, term, name, symbol, device, or combination 23 thereof that causes or is likely to cause confusion, mistake, or deception as to the 24 affiliation or association of Defendants or their products or services with Patagonia, 25 or as to the origin of Defendants’ goods or services, or any false designation of 26 origin, false or misleading description or representation of fact, or any false or 27 misleading advertising; 28 4. Further infringing the rights of Patagonia in and to its FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:21-cv-03844-FMO-KK -5- Case 2:21-cv-03844-FMO-KK Document 19 Filed 07/21/21 Page 6 of 6 Page ID #:75 1 PATAGONIA trademarks, or otherwise damaging Patagonia’s goodwill or business 2 reputation; 5. 3 Further infringing Patagonia’s copyright rights, including its 4 rights in the Fitz Roy Design logo, or otherwise infringing any of Patagonia’s rights 5 under the Copyright Act and any other source of federal or state law; 6 6. Otherwise competing unfairly with Patagonia in any manner; and 7 7. Assisting, aiding or abetting any person or entity engaging in or 8 performing any act prohibited by this paragraph. B. 9 This is a final judgment as to all claims asserted against Defendants 10 related to products bearing the Petrogonia Design, sold prior to the date of entry of 11 this Final Judgment and Permanent Injunction. Both parties shall bear their own 12 costs. 13 C. If Patagonia commences an action for enforcement of this Judgment, 14 the prevailing party shall be awarded reasonable attorneys’ fees and costs from the 15 other party, for both the action enforcing this Judgment and the underlying 16 litigation. 17 Dated: July 21, 2021 18 19 20 ___________/s/____________ Hon. Fernando M. Olguin United States District Judge 21 22 23 24 25 26 27 28 FINAL JUDGMENT AND PERMANENT INJUNCTION CASE NO. 2:21-cv-03844-FMO-KK -6-
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