Mag Instrument Inc v. Vinsy Technology Limited, No. 5:2013cv00359 - Document 45 (C.D. Cal. 2014)
Court Description: ORDER GRANTING MAG INSTRUMENT, INC'S MOTION FOR PARTIAL SUMMARY JUDGMENT; PERMANENT INJUNCTION filed by Judge Audrey B. Collins: RE: against Defendant Vinsy Technology Limited. NOTE: CHANGES MADE BY THE COURT. Plaintiff Mag Instrument, Inc. 9;s Motion for Partial Summary Judgment having been considered by this Court, and good cause having been show, IT IS HEREBY ORDERED AND ADJUDGED: 1. That defendant Vinsy Technology Limited, as MAG Technology Co.,Ltd.'s assignee, has breached, and continues to breach, the January 18, 1996 Settlement Agreement between Mag Instrument, Inc. and MAG Technology Co., Ltd. (as modified, on March 7, 1996, to apply in all countries throughout the world) by its maintenance of United States Tradema rk Registration No. 3,500,264 and its use of the mark MAG (stylized) and all other marks that contain the term "MAG" or any confusingly similar mark in connection.... 6. That United States Trademark Registration No. 3,500,264 is cancelled with prejudice pursuant to 15 U.S.C. §1119 and this Court has certifies its decree of cancellation with prejudice to the Director of the United States Patent and Trademark Office. 7. That Mag Instrument, pursuant to Paragraph 5 of the Jan uary 18, 1996 Settlement Agreement between Mag Instrument, Inc. and MAG Technology Co., Ltd. (as modified, on March 7, 1996, to apply in all countries throughout the world) is the "prevailing party" and shall be awarded its attorney fees' and expenses incurred in connection with the above-captioned action. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
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Mag Instrument Inc v. Vinsy Technology Limited Doc. 45 1 2 3 4 NOTE: CHANGES MADE BY THE COURT 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 MAG INSTRUMENT, INC., Plaintiff, 14 15 16 v. VINSY TECHNOLOGY LIMITED, Case No. EDCV 13-0359 ABC (OPx) [PROPOSED] ORDER GRANTING MAG INSTRUMENT, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT; PERMANENT INJUNCTION 18 Date: June 16, 2014 Time: 10:00 a.m. Location: Courtroom 680 19 Hon. Audrey B. Collins Defendant. 17 20 21 22 NOTE: CHANGES MADE BY THE COURT 23 24 25 26 27 28 DOCSLA-119664v1 [Proposed] Order Granting Mag Instrument, Inc.'s Motion for Partial Summary Judgment Dockets.Justia.com 1 Plaintiff Mag Instrument, Inc.'s Motion for Partial Summary Judgment having 2 been considered by this Court, and good cause having been shown, IT IS HEREBY 3 ORDERED AND ADJUDGED: 4 1. That defendant Vinsy Technology Limited, as MAG Technology Co., 5 Ltd.'s assignee, has breached, and continues to breach, the January 18, 1996 6 Settlement Agreement between Mag Instrument, Inc. and MAG Technology Co., 7 Ltd. (as modified, on March 7, 1996, to apply in all countries throughout the world) 8 by its maintenance of United States Trademark Registration No. 3,500,264 and its use 9 of the mark MAG (stylized) and all other marks that contain the term "MAG" or any 10 confusingly similar mark in connection with the following goods: ELECTRONIC 11 PUBLICATIONS, NAMELY, BOOKS FEATURING THE SUBJECT MATTER OF 12 ELECTRONIC WHITEBOARDS RECORDED ON COMPUTER MEDIA; VIDEO 13 CAMERAS; DIGITAL CAMERAS; TELEVISION MONITORS FOR CLOSED- 14 CIRCUIT TELEVISION; COMPACT DISK PLAYERS; MULTIMEDIA 15 PLAYERS, NAMELY, CD PLAYERS, DIGITAL AUDIO PLAYERS, DIGITAL 16 VIDEO PLAYERS; TELEVISION APPARATUS FOR PROJECTION PURPOSES; 17 PROJECTION SCREENS; TELEVISION RECEIVERS; TV SETS; SATELLITE 18 RECEIVERS; MP3 PLAYERS; LIQUID CRYSTAL DISPLAY TELEVISIONS; 19 TELEVISION SETS AND PARTS THEREOF; AUDIO SPEAKERS AND PARTS 20 THEREFOR; MULTIMEDIA TEACHING APPARATUS, NAMELY, AUDIO- 21 VISUAL RECEIVERS; ELECTRIC STORAGE BATTERIES; ELECTRICAL 22 STORAGE BATTERIES; LITHIUM BATTERIES; TELEPHONE APPARATUS, 23 NAMELY, INTERCOMS; VIDEOPHONES; VIDEO CONFERENCE 24 EQUIPMENT, NAMELY, VIDEO MONITORS, MICROPHONES, AUDIO 25 SPEAKERS, AND CAMERAS; ELECTRIC COILS; and TUNER BOXES USED 26 FOR TUNING AND SELECTING THE CHANNELS OF A TV SYSTEM. 27 28 2. That defendant Vinsy Technology Limited, as MAG Technology Co., Ltd.'s assignee, has breached, and continues to breach, the January 18, 1996 1 DOCSLA-119664v1 [Proposed] Order Granting Mag Instrument, Inc.'s Motion for Partial Summary Judgment 1 Settlement Agreement between Mag Instrument, Inc. and MAG Technology Co., Ltd. 2 (as modified, on March 7, 1996, to apply in all countries throughout the world) by its 3 maintenance of United Kingdom Trademark Registration No. 2562408 and its use of 4 the mark MAG (stylized) and all other marks that contain the term "MAG" or any 5 confusingly similar mark in connection with the following goods: TELEVISION 6 APPARATUS; CAMERAS [PHOTOGRAPHY]; CAMCORDERS; SET-TOP 7 BOXES; GRAPH PLOTTERS; NAVIGATIONAL INSTRUMENTS; AUTOMATIC 8 ADVERTISING MACHINES; DIGITAL PHOTO FRAMES FOR DISPLAYING 9 DIGITAL PICTURES; and VIDEO CLIPS AND MUSIC. 10 3. That defendant Vinsy Technology Limited, as MAG Technology Co., 11 Ltd.'s assignee, has breached, and continues to breach, the January 18, 1996 12 Settlement Agreement between Mag Instrument, Inc. and MAG Technology Co., Ltd. 13 (as modified, on March 7, 1996, to apply in all countries throughout the world) by its 14 maintenance of New Zealand Trademark Registration No. 832620 and its use of the 15 mark MAG (stylized) and all other marks that contain the term "MAG" or any 16 confusingly similar mark in connection with the following goods: TELEVISION 17 APPARATUS; CAMERAS [PHOTOGRAPHY]; CAMCORDERS; SET-TOP 18 BOXES; GRAPH PLOTTERS; NAVIGATIONAL INSTRUMENTS; AUTOMATIC 19 ADVERTISING MACHINES; DIGITAL PHOTO FRAMES FOR DISPLAYING 20 DIGITAL PICTURES; and VIDEO CLIPS AND MUSIC. 21 4. That defendant Vinsy Technology Limited, its officers, directors, 22 employees, attorneys, and all persons and/or entities acting for, with, by, through, 23 or in active concert or participation with it, be enjoined preliminarily and 24 permanently from: 25 (a) Maintaining United States Trademark Registration No. 3,500,264 26 with respect to any of the following goods: ELECTRONIC PUBLICATIONS, 27 NAMELY, BOOKS FEATURING THE SUBJECT MATTER OF ELECTRONIC 28 WHITEBOARDS RECORDED ON COMPUTER MEDIA; VIDEO CAMERAS; 2 DOCSLA-119664v1 [Proposed] Order Granting Mag Instrument, Inc.'s Motion for Partial Summary Judgment 1 DIGITAL CAMERAS; TELEVISION MONITORS FOR CLOSED-CIRCUIT 2 TELEVISION; COMPACT DISK PLAYERS; MULTIMEDIA PLAYERS, 3 NAMELY, CD PLAYERS, DIGITAL AUDIO PLAYERS, DIGITAL VIDEO 4 PLAYERS; TELEVISION APPARATUS FOR PROJECTION PURPOSES; 5 PROJECTION SCREENS; TELEVISION RECEIVERS; TV SETS; SATELLITE 6 RECEIVERS; MP3 PLAYERS; LIQUID CRYSTAL DISPLAY TELEVISIONS; 7 TELEVISION SETS AND PARTS THEREOF; AUDIO SPEAKERS AND PARTS 8 THEREFOR; MULTIMEDIA TEACHING APPARATUS, NAMELY, AUDIO- 9 VISUAL RECEIVERS; ELECTRIC STORAGE BATTERIES; ELECTRICAL 10 STORAGE BATTERIES; LITHIUM BATTERIES; TELEPHONE APPARATUS, 11 NAMELY, INTERCOMS; VIDEOPHONES; VIDEO CONFERENCE 12 EQUIPMENT, NAMELY, VIDEO MONITORS, MICROPHONES, AUDIO 13 SPEAKERS, AND CAMERAS; ELECTRIC COILS; and TUNER BOXES USED 14 FOR TUNING AND SELECTING THE CHANNELS OF A TV SYSTEM; 15 (b) Using or seeking to register, anywhere in the world, the mark that 16 is the subject of United States Trademark Registration No. 3,500,264 or any other 17 mark that contains the term "MAG" or any confusingly similar mark, in association 18 with or for any of the following goods: ELECTRONIC PUBLICATIONS, 19 NAMELY, BOOKS FEATURING THE SUBJECT MATTER OF ELECTRONIC 20 WHITEBOARDS RECORDED ON COMPUTER MEDIA; VIDEO CAMERAS; 21 DIGITAL CAMERAS; TELEVISION MONITORS FOR CLOSED-CIRCUIT 22 TELEVISION; COMPACT DISK PLAYERS; MULTIMEDIA PLAYERS, 23 NAMELY, CD PLAYERS, DIGITAL AUDIO PLAYERS, DIGITAL VIDEO 24 PLAYERS; TELEVISION APPARATUS FOR PROJECTION PURPOSES; 25 PROJECTION SCREENS; TELEVISION RECEIVERS; TV SETS; SATELLITE 26 RECEIVERS; MP3 PLAYERS; LIQUID CRYSTAL DISPLAY TELEVISIONS; 27 TELEVISION SETS AND PARTS THEREOF; AUDIO SPEAKERS AND PARTS 28 THEREFOR; MULTIMEDIA TEACHING APPARATUS, NAMELY, AUDIO3 DOCSLA-119664v1 [Proposed] Order Granting Mag Instrument, Inc.'s Motion for Partial Summary Judgment 1 VISUAL RECEIVERS; ELECTRIC STORAGE BATTERIES; ELECTRICAL 2 STORAGE BATTERIES; LITHIUM BATTERIES; TELEPHONE APPARATUS, 3 NAMELY, INTERCOMS; VIDEOPHONES; VIDEO CONFERENCE 4 EQUIPMENT, NAMELY, VIDEO MONITORS, MICROPHONES, AUDIO 5 SPEAKERS, AND CAMERAS; ELECTRIC COILS; and TUNER BOXES USED 6 FOR TUNING AND SELECTING THE CHANNELS OF A TV SYSTEM; 7 (c) Maintaining United Kingdom Trademark Registration No. 8 2562408 with respect to any of the following goods: TELEVISION APPARATUS; 9 CAMERAS [PHOTOGRAPHY]; CAMCORDERS; SET-TOP BOXES; GRAPH 10 PLOTTERS; NAVIGATIONAL INSTRUMENTS; AUTOMATIC ADVERTISING 11 MACHINES; DIGITAL PHOTO FRAMES FOR DISPLAYING DIGITAL 12 PICTURES; and VIDEO CLIPS AND MUSIC; 13 (d) Using or seeking to register, anywhere in the world, the mark that 14 is the subject of United Kingdom Trademark Registration No. 2562408 or any other 15 mark that contains the term "MAG" or any confusingly similar mark, in association 16 with or for any of the following goods: TELEVISION APPARATUS; CAMERAS 17 [PHOTOGRAPHY]; CAMCORDERS; SET-TOP BOXES; GRAPH PLOTTERS; 18 NAVIGATIONAL INSTRUMENTS; AUTOMATIC ADVERTISING MACHINES; 19 DIGITAL PHOTO FRAMES FOR DISPLAYING DIGITAL PICTURES; and 20 VIDEO CLIPS AND MUSIC; 21 (e) Maintaining New Zealand Trademark Registration No. 832620 22 with respect to any of the following goods: TELEVISION APPARATUS; 23 CAMERAS [PHOTOGRAPHY]; CAMCORDERS; SET-TOP BOXES; GRAPH 24 PLOTTERS; NAVIGATIONAL INSTRUMENTS; AUTOMATIC ADVERTISING 25 MACHINES; DIGITAL PHOTO FRAMES FOR DISPLAYING DIGITAL 26 PICTURES; and VIDEO CLIPS AND MUSIC; 27 28 (f) Using or seeking to register, anywhere in the world, the mark that is the subject of New Zealand Trademark Application No. 832620 or any other mark 4 DOCSLA-119664v1 [Proposed] Order Granting Mag Instrument, Inc.'s Motion for Partial Summary Judgment 1 that contains the term "MAG" or any confusingly similar mark, in association with or 2 for any of the following goods: TELEVISION APPARATUS; CAMERAS 3 [PHOTOGRAPHY]; CAMCORDERS; SET-TOP BOXES; GRAPH PLOTTERS; 4 NAVIGATIONAL INSTRUMENTS; AUTOMATIC ADVERTISING MACHINES; 5 DIGITAL PHOTO FRAMES FOR DISPLAYING DIGITAL PICTURES; and 6 VIDEO CLIPS AND MUSIC; and 7 (g) Using the mark MAG or any mark that contains the term "MAG" 8 or any confusingly similar mark anywhere in the world, seeking to register the mark 9 MAG or any mark that contains the term "MAG" or any confusingly similar mark 10 anywhere in the world, or maintaining a registration for the mark MAG or any mark 11 that contains the term "MAG" or any confusingly similar mark anywhere in the world 12 for any goods and services other than computer peripherals and computer-related 13 goods and services (the following goods, for purposes of this paragraph, being 14 expressly excluded from the definition of "computer peripherals and computer-related 15 goods and services": ELECTRONIC PUBLICATIONS, NAMELY, BOOKS 16 FEATURING THE SUBJECT MATTER OF ELECTRONIC WHITEBOARDS 17 RECORDED ON COMPUTER MEDIA; VIDEO CAMERAS; DIGITAL 18 CAMERAS; TELEVISION MONITORS FOR CLOSED-CIRCUIT TELEVISION; 19 COMPACT DISK PLAYERS; MULTIMEDIA PLAYERS, NAMELY, CD 20 PLAYERS, DIGITAL AUDIO PLAYERS, DIGITAL VIDEO PLAYERS; 21 TELEVISION APPARATUS FOR PROJECTION PURPOSES; PROJECTION 22 SCREENS; TELEVISION RECEIVERS; TV SETS; SATELLITE RECEIVERS; 23 MP3 PLAYERS; LIQUID CRYSTAL DISPLAY TELEVISIONS; TELEVISION 24 SETS AND PARTS THEREOF; AUDIO SPEAKERS AND PARTS THEREFOR; 25 MULTIMEDIA TEACHING APPARATUS, NAMELY, AUDIO-VISUAL 26 RECEIVERS; ELECTRIC STORAGE BATTERIES; ELECTRICAL STORAGE 27 BATTERIES; LITHIUM BATTERIES; TELEPHONE APPARATUS, NAMELY, 28 INTERCOMS; VIDEOPHONES; VIDEO CONFERENCE EQUIPMENT, 5 DOCSLA-119664v1 [Proposed] Order Granting Mag Instrument, Inc.'s Motion for Partial Summary Judgment 1 NAMELY, VIDEO MONITORS, MICROPHONES, AUDIO SPEAKERS, AND 2 CAMERAS; ELECTRIC COILS; and TUNER BOXES USED FOR TUNING AND 3 SELECTING THE CHANNELS OF A TV SYSTEM). 4 5. That defendant Vinsy Technology Limited is required, within thirty (30) 5 days after issuance of the injunction herein, to file with this Court and hand-deliver to 6 Mag Instrument, Inc. a written report, under oath, confirming that Vinsy Technology 7 Limited and its officers, directors, employees, attorneys, and all persons and/or 8 entities acting for, with, by, through, or in active concert or participation with it, have 9 fully complied with Paragraph 4, above, and detailing the manner in which they have 10 done so. 11 6. That United States Trademark Registration No. 3,500,264 is cancelled 12 with prejudice pursuant to 15 U.S.C. §1119 – and this Court has certifies its decree of 13 cancellation with prejudice to the Director of the United States Patent and Trademark 14 Office. 15 7. That Mag Instrument, pursuant to Paragraph 5 of the January 18, 1996 16 Settlement Agreement between Mag Instrument, Inc. and MAG Technology Co., 17 Ltd. (as modified, on March 7, 1996, to apply in all countries throughout the world) 18 is the "prevailing party" and shall be awarded its attorney fees' and expenses 19 incurred in connection with the above-captioned action. , as well as its attorney fees' 20 and expenses incurred in connection with related Central District of California Case 21 No. CV 12-04038 ABC (OPx). 22 23 24 Dated: June 25, 2014 By: Hon. Audrey B. Collins United States District Court Judge 25 26 27 28 6 DOCSLA-119664v1 [Proposed] Order Granting Mag Instrument, Inc.'s Motion for Partial Summary Judgment 1 Presented by: 2 Jerrold B. Reilly (State Bar No. 116,536) jreilly@magmail.com MAG INSTRUMENT, INC. 2001 South Hellman Avenue Ontario, CA 91761 Telephone: (909) 947-1006 Facsimile: (909) 923-5042 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Robert W. Dickerson (State Bar No. 89,367) dickersonr@dicksteinshapiro.com DICKSTEIN SHAPIRO LLP 2049 Century Park East, Suite 700 Los Angeles, CA 90067-3109 Telephone: (310) 772-8300 Facsimile: (310) 772-8301 Charles A. Kertell (State Bar No. 181,214) kertellc@dicksteinshapiro.com DICKSTEIN SHAPIRO LLP 2 Park Plaza, Suite 900 Irvine, CA 92614-8561 Telephone: (949) 623-7880 Facsimile: (949) 623-7881 Attorneys for Plaintiff MAG INSTRUMENT, INC. 19 20 21 22 23 24 25 26 27 28 7 DOCSLA-119664v1 [Proposed] Order Granting Mag Instrument, Inc.'s Motion for Partial Summary Judgment
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