Coachella Music Festival LLC v. Safety Shot Inc., No. 2:2024cv00537 - Document 15 (C.D. Cal. 2024)
Court Description: ORDER ENTERING PERMANENT INJUNCTION AND FINAL JUDGMENT by Judge Fernando M. Olguin. *See Order for Details.* (MD JS-6. Case Terminated) (rolm)
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Coachella Music Festival LLC v. Safety Shot Inc. Doc. 15 1 2 3 4 5 6 JS-6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 COACHELLA MUSIC FESTIVAL, LLC, Case No.: 2:24-cv-00537-FMO (AJRx) 13 14 15 16 Plaintiff, v. SAFETY SHOT, INC., ORDER ENTERING PERMANENT INJUNCTION AND FINAL JUDGMENT Hon. Fernando M. Olguin Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 The Court, having read and considered the stipulation of the parties and the record 2 in this case, and good cause appearing, ORDERS that the stipulation is hereby 3 APPROVED. 4 IT IS HEREBY ORDERED THAT: 5 1. This Court has jurisdiction over the parties and the subject matter of the above- 6 captioned action (“Action”). 7 2. Plaintiff, together with its affiliates, owns and operates the Coachella Valley 8 Music and Arts Festival (the “Coachella Festival”). 9 3. Plaintiff owns and has asserted in this Action the following trademarks and 10 service marks, which are used in connection with Plaintiff’s Coachella Festival and other 11 goods and services: COACHELLA VALLEY MUSIC AND ARTS FESTIVAL; 12 COACHELLA; COACHELLA (stylized); and CHELLA (collectively, “Plaintiff’s 13 Marks”). Plaintiffs’ Marks are valid and enforceable. 14 4. Plaintiff provides different categories of passes to the Coachella Festival, 15 including public and non-public passes. Each pass for their festivals is typically a vehicle 16 hang tag or a credential worn as a wristband by the user and is subject to the terms of use 17 (“Credential Terms”) available at https://www.aegpresents.com/festival-ticket-terms/. The 18 Credential Terms are valid and enforceable. 19 5. Without authorization, Defendant used one or more of Plaintiff’s Marks in one 20 or more press releases or similar media circulated to the public with respect to promoting 21 one or more of Defendant’s goods or services, such as a product Defendant calls 22 “Safety Shot,” including a press release issued on January 3, 2024 that discussed 23 “[Defendant’s] inaugural brand activation with ‘Safety Shot House’ at the Coachella 24 Valley Music and Arts Festival on April 12 – 14, 2024,” “The Safety Shot House Coachella 25 experience,” “a giveaway for consumers to win a chance to attend this extraordinary event 26 during Coachella’s opening weekend,” and Safety Shot’s “exposure at Coachella,” among 27 other statements (“Defendant’s Public Statements”). Defendant’s Public Statements have 28 created a false association with and an implication of a sponsorship relationship with 2 1 Plaintiff and its Coachella Festival when no such association or sponsorship relationship 2 exists. 3 6. As shown above, Defendant has also indicated in one or more of Defendant’s 4 Public Statements that it will conduct a giveaway for consumers to win passes to attend the 5 Coachella Festival, which is in violation of the Credential Terms. 6 7. As a result of Defendant’s conduct, Plaintiff has sustained substantial, 7 immediate, and irreparable injury, and is entitled to a permanent injunction. 8 8. Accordingly, IT IS FURTHER ORDERED that, Defendant and its officers, 9 agents, servants, employees, and attorneys, as well as all other persons who are in active 10 concert or participation with any of them, who receive actual notice of this order are hereby 11 enjoined and restrained from: 12 13 a. Using in any manner Plaintiff’s Marks or any confusingly similar variation thereof absent Plaintiff’s prior written consent; 14 b. Taking any action so as to create any impression that any association, 15 affiliation, or sponsorship exists between them and Plaintiff or Plaintiff’s 16 affiliates; 17 c. Conducting or sponsoring any kind of an event, including but not limited to 18 the one announced in Defendant’s Public Statements as the “Safety Shot 19 House,” within 100 miles of the Coachella Festival during the month of 20 April; 21 d. Selling, donating, or providing any of Defendant’s products to any third party 22 that plans to host, conduct, produce, or sponsor any kind of public and/or 23 private event within 100 miles of the Coachella Festival during the month of 24 April; 25 e. Offering or attempting to offer to buy, sell, trade, giveaway or transfer, or 26 soliciting the purchase, sale, trade, giveaway, or transfer of, any pass entitling 27 access to the Coachella Festival; 28 f. Advertising or publishing any offer to purchase, sell, trade, giveaway, or 3 1 transfer passes entitling access to the Coachella Festival; 2 g. Violating the Credential Terms, or attempting to induce any individual or 3 party to violate the Credential Terms, that attach to passes to the Coachella 4 Festival; 5 h. Participating in, aiding, or inducing, or attempting to participate in, aid, or 6 induce, any effort by any person to trespass or gain unauthorized entry into 7 any part of the Coachella Festival; 8 i. Making any false or misleading statements regarding Plaintiff or the 9 Coachella Festival, including regarding Defendant’s access to the event; 10 j. Engaging in any unfair competition with Plaintiff; and 11 k. Assisting, aiding, or abetting any other person or entity in engaging in or 12 performing any of the activities restricted by subparagraphs (a)-(j), above. 13 9. It is further ORDERED that final judgement is entered for Plaintiff on all claims 14 asserted in the Action. 15 10. Except as otherwise agreed in a private settlement agreement between the 16 parties, each party shall bear its own costs, expenses, and attorneys’ fees. 17 11. This Court shall retain jurisdiction to the extent necessary to enforce this 18 Permanent Injunction. 19 20 IT IS SO ORDERED. 21 22 Dated: March 4, 2024 ____________/s/__________________ Fernando M. Olguin United States District Judge 23 24 25 26 27 28 4
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