CrossFit, LLC v. Scarberry et al, No. 5:2023cv00460 - Document 37 (C.D. Cal. 2023)

Court Description: FINAL JUDGMENT by Judge Fernando M. Olguin. Legends, and those acting on their behalfincluding their agents, servants, employees, independent contractors, companies, and partnersare permanently enjoined from using the term "CrossFit" and confusingly similar terms to sell, offer to sell, or otherwise advertise their products or services. (MD JS-6, Case Terminated). (iv)

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CrossFit, LLC v. Scarberry et al Doc. 37 1 JS-6 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION 10 11 12 13 14 15 16 17 18 19 CROSSFIT, LLC, a Delaware limited ) liability company, ) ) Plaintiff, ) ) v. ) ) MARTY SCARBERRY, an individual;) LEGENDS BARBELL, a California ) ) corporation, ) ) Defendants. ) ) CASE NO. 5:23-cv-00460-FMO-KK FINAL JUDGMENT Complaint Filed: March 16, 2023 District Judge: Fernando M. Olguin Courtroom: 6D Magistrate Judge: Kenly Kiya Kato Courtroom: 3 or 4, 3rd Floor 20 21 22 23 24 25 26 27 28 1 FINAL JUDGMENT 5:23-cv-00460-FMO-KK Dockets.Justia.com 1 2 3 FINAL JUDGMENT AND PERMANENT INJUNCTION This Court, having made the following findings of fact and conclusions of law pursuant to the parties’ stipulation: 4 Plaintiff CrossFit, LLC (“CrossFit”) and Defendants Marty Scarberry and 5 Legends Barbell (collectively, “Legends”) have agreed to entering into the 6 stipulated judgment as set forth herein. Good cause appearing, therefore, IT IS 7 HEREBY ORDERED THAT: 8 9 10 For the purposes of binding preclusive effect on Legends, as to future disputes between Legends and CrossFit, Legends admits the following: a. CrossFit is now, and has been at all times since the dates of issue, the 11 owner of U.S. Trademark Reg. No. 3,007,458; U.S. Trademark Reg. 12 No. 4,049,689; U.S. Trademark Reg. No. 4,053,443; U.S. Trademark 13 Reg. No. 4,895,992; and U.S. Trademark Reg. No. 5,045,737 14 (collectively, “Registrations”). 15 b. Legends admits to the validity of the Registrations. 16 Legends, and those acting on their behalf—including their agents, servants, 17 employees, independent contractors, companies, and partners—are permanently 18 enjoined from using the term “CrossFit” and confusingly similar terms to sell, 19 offer to sell, or otherwise advertise their products or services (the “Injunction”). 20 Legends is bound by the Injunction regardless of whether CrossFit assigns 21 or licenses its intellectual property rights to another, for so long as such trademark 22 rights are valid, subsisting, and enforceable. The Injunction shall inure to the 23 benefit of CrossFit’s successors, assignees, and licensees as appropriate. 24 CrossFit and Legends waive any rights to appeal this stipulated judgment— 25 including, without limitation, the Injunction. 26 IT IS SO ORDERED. Date: July 31, 2023 27 /s/ Hon. Fernando M. Olguin United States District Judge 28 2 FINAL JUDGMENT 5:23-cv-00460-FMO-KK

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