-CMK (TEMP)(PS) Gabbanelli Accordions & Imports, LCC v. Brilingtton et al, No. 2:2008cv00483 - Document 50 (E.D. Cal. 2011)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 5/9/11 ORDERING final judgment and permanent injunction entered this date. CASE CLOSED. (Carlos, K)
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-CMK (TEMP)(PS) Gabbanelli Accordions & Imports, LCC v. Brilingtton et al 1 UNITED STATES DISTRICT COURT 2 Doc. 50 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 4 5 GABBANELLI ACCORDIONS & IMPORTS, L.L.C., 7 8 9 AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION Plaintiff, 6 CASE NO. 2:08-CV-00483-KJM-CMK v. ISAC BRILINGTTON, individually and dba WEST COAST MUSIC Defendant. 10 11 On this date, this Agreed Final Judgment and Permanent Injunction 12 (“Judgment”) was presented to the Court as agreed by Defendant Isac Brilingtton, 13 individually and doing business as West Coast Music (“Defendant”) and Plaintiff 14 Gabbanelli Accordions & Imports, L.L.C. Having considered the parties’ agreement to 15 this Judgment, it is hereby ORDERED, ADJUDGED, and DECREED that: 16 17 18 1. The Court has subject matter jurisdiction over this matter and personal jurisdiction over Defendant. 2. Defendant is permanently enjoined from advertising, promoting, 19 representing, offering for sale, or selling any musical instrument or musical instrument 20 accessory bearing, displaying, or advertising under: (a) the trademark GABBANELLI; 21 (b) the trademarks of U.S. Trademark Registration No. 1,996,735; U.S. Trademark 22 Registration No. 2,123,429; and U.S. Trademark Registration No. 3,239,865; (b) the 23 design mark shown in U.S. Trademark Registration No. 3,017,772; (c) the design mark 24 shown in U.S. Trademark Registration No. 3,017,773; (d) the design mark shown in 25 U.S. Trademark Registration No. 3,037,818; and (e) the design mark shown in U.S. 26 Trademark Registration No. 3,314,928 (collectively the “Gabbanelli Trademarks”), or 27 (f) any mark confusingly similar to any of the Gabbanelli Trademarks, unless such 28 1 AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com 1 musical instrument or musical instrument accessory is obtained by Defendant from 2 Gabbanelli Accordions & Imports, L.L.C. 3. 3 Defendant is permanently enjoined from advertising, promoting, 4 representing, offering for sale, or selling any musical instrument or musical instrument 5 accessory as being sponsored by, associated with, affiliated with, or connected to 6 Gabbanelli Accordions & Imports, L.L.C., unless such musical instrument or musical 7 instrument accessory is obtained by Defendant from Gabbanelli Accordions & Imports, 8 L.L.C. 4. 9 Defendant is permanently enjoined from representing to the public that he 10 is authorized by Gabbanelli Accordions & Imports, L.L.C. to promote, advertise, sell, or 11 offer for sale any musical instrument or musical instrument accessory bearing, 12 displaying, or advertised under the Gabbanelli Trademarks. 5. 13 Defendant is permanently enjoined from advertising, promoting, selling, 14 offering for sale, or in any other way representing to the public that any musical 15 instrument or musical instrument accessory, not originating from Gabbanelli 16 Accordions & Imports, L.L.C., are associated with, sponsored by, connected with, or 17 affiliated with Gabbanelli Accordions & Imports, L.L.C. It is further ORDERED that this Judgment is binding on Defendant, his 18 19 representatives, successors, and assigns. SIGNED AND ENTERED this 9th day of May, 2011, at Sacramento, California. 20 21 22 23 UNITED STATES DISTRICT JUDGE 24 25 26 // 27 // 28 // 2 AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION 1 APPROVED AS TO FORM AND SUBSTANCE: 2 GREENBERG TRAURIG LLP 3 /s/ MARC KOENIGSBERG (CA SBN 204265) GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 Sacramento, CA 95814-3938 Telephone: (916) 442-1111 Facsimile: (916) 448-1709 ATTORNEYS FOR PLAINTIFF FAROUK SYSTEMS, INC. 4 5 6 7 8 9 10 ISAC BRILINGTTON, individually and dba WEST COAST MUSIC 11 12 By:_____________________________1 ISAC BRILINGTTON Pro se 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The court acknowledges a copy of the Agreed Final Judgment and Permanent Injunction signed by Messrs. Koenigsberg, for plaintiff, and Brilingtton. 3 AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION