Pexco LLC v. Fencescreen, Inc., No. 8:2018cv00907 - Document 72 (C.D. Cal. 2019)

Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT by Judge John F. Walter. IT IS HEREBY ORDERED AND ADJUDGED that: Plaintiff is entitled to an award of damages in the amount of $250,000. Defendant Fencescreen, its agents, and any employees, agents, servants, officers, representatives, directors, attorneys, successors, affiliates, assigns, and entities owned or controlled by Defendant, and all those in active concert and/or participation with Defendant, and each of them who receives notice directly or otherwise of such injunction, hereby are permanently enjoined. SEE ORDER FOR DETAILS. (MD JS-6. Case Terminated) (iv)

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Pexco LLC v. Fencescreen, Inc. Doc. 72 1 2 3 JS-6 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 WESTERN DIVISION 10 Pexco LLC, 11 12 13 Case No. 8:18-cv-00907-JFW-JPR Plaintiff, vs. Fencescreen, Inc., 14 FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT Defendant. The Honorable John F. Walter Courtroom 7A United States Courthouse 350 W. 1st Street Los Angeles, CA 90012 15 16 17 18 19 AND RELATED COUNTERCLAIMS. 20 21 Plaintiff, Pexco LLC, and Defendant, Fencescreen, Inc., having advised the 22 Court that they have settled this Civil Action as relates to the claims between them, 23 which compromise and settlement includes among its provisions the entry of 24 injunctive relief, and Plaintiff and Defendant having submitted this Final Judgment 25 and Permanent Injunction to the Court, on full consent as indicated below: 26 IT IS HEREBY ORDERED AND ADJUDGED that: 27 1. 28 This Court has jurisdiction of the subject matter of the claims asserted herein and the above-named parties to this action. FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT Dockets.Justia.com 1 2. Plaintiff Pexco LLC (“Pexco”), is the owner of the trademark FENCE 2 WEAVE®, and the U.S. registration therefor, no. 1,744,536 (registered January 5, 3 1993) and the trademark WINGED SLAT® 1,865,283(registered November 29, 4 1994), and U.S. Copyright Registration No. VA 2-097-677. 5 3. Pexco’s FENCE WEAVE® mark, and the U.S. registration therefor, no. 6 1,744,536, Pexco’s WINGED SLAT® mark and the U.S. registration therefor, no. 7 1,865,283, and Pexco’s U.S. Copyright Registration No. VA 2-097-677 are each 8 good and valid in law. 9 4. Plaintiff is entitled to an award of damages in the amount of $250,000. 10 5. Defendant Fencescreen, its agents, and any employees, agents, servants, 11 officers, representatives, directors, attorneys, successors, affiliates, assigns, and 12 entities owned or controlled by Defendant, and all those in active concert and/or 13 participation with Defendant, and each of them who receives notice directly or 14 otherwise of such injunction, hereby are permanently enjoined and prohibited from: 15 i. manufacturing, importing, exporting, advertising, marketing, 16 promoting, distributing, displaying, offering for sale, selling, and/or 17 otherwise dealing in the infringing and/or counterfeit FENCE 18 WEAVE and/or WING SLATS product; 19 ii. using in any manner (including but not limited to, in any search 20 engine sponsored advertisements, URL, and/or website meta tag, 21 page source, or page info) Pexco’s FENCE WEAVE® and/or 22 WINGED SLAT® marks, and/or any reproduction, counterfeit, 23 copy, or colorable imitation or simulation thereof, and/or any 24 spurious designation that is identical to or substantially 25 indistinguishable from any of said marks, including but not limited to 26 “WING SLATS”, on and/or in connection with any fence product 27 imported, distributed, advertised, marketed, offered for sale, and/or 28 2 FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT 1 sold by Defendant in the United States, and/or imported into the 2 United States, that is not manufactured by or on behalf of Plaintiff; 3 iii. importing, reproducing, copying, distributing copies of, and/or 4 making derivative works based upon copies of, and/or the making of 5 derivative works based upon, Pexco’s Original Photograph Work as 6 shown in Exhibit A hereto and/or inducing and/or contributing to the 7 importation, reproduction, copying, distribution of copies of, and/or 8 the making of derivative works based upon, the Original Photograph 9 Work; and 10 iv. instructing, assisting, aiding, or abetting any person or entity in 11 engaging in or performing any of the activities referred to in 12 subparagraphs (i) through (iii). 13 9. Final judgment is entered in favor of Plaintiff. 14 10. Defendant’s counterclaims are hereby dismissed. 15 11. Each of the parties shall pay their own costs and attorneys’ fees in 16 17 18 connection with this action. 12. The Court shall retain jurisdiction to enforce the terms of the Permanent Injunction set forth in this Order. 19 20 IT IS SO ORDERED. 21 22 23 Dated: June 14, 2019 HONORABLE JOHN F. WALTER UNITED STATES DISTRICT JUDGE 24 25 26 27 28 3 FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT

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