National Grange of the Order of Patrons of Husbandry v. California State Grange et al., No. 2:2016cv00201 - Document 255 (E.D. Cal. 2019)

Court Description: STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION signed by Senior Judge William B. Shubb on 11/1/19. (Kaminski, H)

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1 2 3 4 5 6 MARTIN N. JENSEN (SBN 232231) THOMAS L. RIORDAN (SBN 104827) PORTER SCOTT 350 University Ave., Suite 200 Sacramento, CA 95825 Telephone: 916.929.1481 Facsimile: 916.927.3706 Email: mjensen@porterscott.com Email: triordan@porterscott.com 11 JAMES L. BIKOFF (Pro Hac Vice) BRUCE A. McDONALD (Pro Hac Vice) HOLLY B. LANCE (Pro Hac Vice) SMITH, GAMBRELL & RUSSELL LLP 1055 Thomas Jefferson Street, N.W., Suite 400 Washington, D.C. 20007 Telephone: 202.263.4341 Facsimile: 202.263.4329 Email: jbikoff@sgrlaw.com Email: bmcdonald@sgrlaw.com Email: hlance@sgrlaw.com 12 Attorneys for Plaintiffs 7 8 9 10 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 THE NATIONAL GRANGE OF THE ORDER OF PATRONS OF HUSBANDRY 17 Plaintiff, 18 v. 19 Case No. 2:16-cv-00201-WBS-DB STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION 20 CALIFORNIA GUILD, formerly doing business as “California State Grange,” and 21 ROBERT McFARLAND, 22 Defendants. 23 24 25 26 27 Plaintiff the National Grange of the Order of Patrons of Husbandry (the “National Grange”) and Defendants California Guild and Robert McFarland (together, “Defendants”), by and through their undersigned counsel, having entered into a settlement agreement, hereby 28 JOINT STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJ. CASE NO.: 2:16-cv-00201-WBS-DB 1 consent to the Court’s entry of a final judgment providing for a final, permanent injunction 2 against Defendants and declaratory relief in favor of the National Grange, as follows: 3 IT IS HEREBY ORDERED that: 4 (1) Final judgment is entered in favor of the National Grange and against Defendants, 5 individually and collectively, on the National Grange’s claims for false designation of origin, 6 federal false advertisement, California false advertisement, trademark infringement, and 7 copyright infringement. 8 9 10 (2) The National Grange, and its chartered California chapter, the California State Grange, are the exclusive authorized representatives of the California State Grange. (3) Defendants, collectively and individually, and their officers, shareholders, 11 partners, principals, agents, assignees, beneficiaries, successors, licensees, distributors, attorneys, 12 proxies, alter egos, aliases, and all other persons acting in concert with Defendants collectively or 13 individually, are permanently enjoined from: 14 a. using “CSG,” “Granger,” and other trademarks, service marks, trade names, acronyms, 15 abbreviations, logos, trade dress, Internet domain names, or advertising keywords that are 16 confusingly similar to the National Grange or California State Grange’s registered and 17 unregistered trademarks and trade dress; 18 b. representing or asserting that they are affiliated or connected with, the successors to, or 19 the authorized representatives of, the California State Grange, or the local California 20 Granges in any advertising, promotion, and commercial or official communications; 21 c. referencing the history and goodwill of the California State Grange or their past 22 association with the California State Grange in any advertising, promotion and 23 commercial or official communications; 24 25 d. appropriating, disposing, or dissipating assets and accounts held in the name of, or belonging to, the California State Grange, or the local California Granges; 26 e. making any false representations to the California Granges about the National Grange or 27 California State Grange’s services or encouraging members to “disaffiliate” from the 28 National Grange or California State Grange; -2- STIPULATED FINAL JUDGMENT AND PERMANENT INJ. CASE NO.: 2:16-cv-00201-WBS-DB 1 2 3 f. interfering in the contractual relations between the California Granges and the California State Grange or the National Grange; g. exercising functions within the exclusive authority of the California State Grange 4 including but not necessarily limited to the collection of Grange dues; disposition of assets 5 owned by the California State Grange, writing and cashing checks on the account of the 6 California State Grange; reorganization of local California Granges; and induction of new 7 Grange members and installation of Grange officers; 8 h. distributing records, copies, recordings, histories or descriptions of past or present events 9 sponsored, authorized, endorsed, or approved by the National Grange or California State 10 Grange in a manner that is likely to cause confusion, mistake or deception about the 11 sponsorship, authorization, endorsement or approval of such events; and 12 i. reproducing, distributing, or preparing derivative works based on the copyrighted works 13 of the National Grange or California State Grange. 14 (4) Defendants, collectively and individually, and their officers, shareholders, 15 partners, principals, agents, assignees, beneficiaries, successors, licensees, distributors, attorneys, 16 proxies, alter egos, aliases, and all other persons acting in concert with defendants, are ordered to: 17 a. return to the National Grange any proprietary Grange regalia in their possession; 18 b. remove all of their personal property and equipment located at 3830 U St., Sacramento, 19 CA 95817, without injury to the premises or any of the National Grange and California 20 State Grange’s property located thereon; 21 c. disconnect all telephone numbers used by Defendants that were ever registered to the 22 California State Grange; and refrain from further use of such telephone numbers in any 23 business, commercial, or official communications. 24 (5) The California Secretary of State is directed to recognize the National Grange and 25 the California State Grange as the exclusive representatives of the California State Grange for all 26 purposes relevant to the registration, ownership, and responsibility of such corporate entities. 27 (6) Defendants’ acts constitute: 28 -3- STIPULATED FINAL JUDGMENT AND PERMANENT INJ. CASE NO.: 2:16-cv-00201-WBS-DB 1 a. false designation of origin in violation of Section 43(a)(1)(A) of the Federal Trademark 2 Act of 1946, 15 U.S.C. § 1125(a)(1)(A); 3 b. false advertising in violation of Lanham Act Section 43(a)(1)(B), 15 U.S.C. § 4 1125(a)(1)(B); 5 c. false advertising in violation of Section 17500 of the California Business & Professions 6 Code; 7 d. federal copyright infringement; and 8 e. federal trademark and service mark infringement in violation of Section 32(1) of the 9 10 Lanham Act, 15 U.S.C. § 1114(1). IT IS FURTHER ORDERED THAT: 11 (1) Plaintiff’s remaining claims for a calculation and award of damages are voluntarily 12 dismissed with prejudice, with no fees or costs as to any party, except as specifically provided in 13 the parties’ settlement agreement. 14 15 (2) This Court shall retain jurisdiction over this matter for the purpose of enforcing the terms of the Final Judgment. 16 Finding that there is no just reason for delay, the Court orders that this Final Judgment 17 shall constitute a final judgment pursuant to Rule 54 of the Federal Rules of Civil Procedure. The 18 Clerk of the Court is directed to enter this Final Order and Judgment on the docket forthwith. 19 IT IS SO ORDERED. 20 Dated: November 1, 2019 21 22 23 24 Submitted and consented to by: NATIONAL GRANGE OF THE ORDER OF PATRONS OF HUSBANDRY CALIFORNIA GUILD and ROBERT McFARLAND By: By: 25 26 /s/ James L. Bikoff /s/ Anthony Ellrod 27 28 James L. Bikoff, Pro Hac Vice Bruce A. McDonald, Pro Hac Vice Anthony Ellrod (SBN 136574) Jenifer C. Wallis (SBN 303343) -4- STIPULATED FINAL JUDGMENT AND PERMANENT INJ. CASE NO.: 2:16-cv-00201-WBS-DB 1 2 3 4 5 6 7 8 9 10 11 12 Holly B. Lance, Pro Hac Vice SMITH, GAMBRELL & RUSSELL LLP 1055 Thomas Jefferson St., N.W., Ste. 400 Washington, DC 20007 Telephone: (202) 263-4341 Facsimile: (202) 263-4329 Email: jbikoff@sgrlaw.com bmcdonald@sgrlaw.com hlance@sgrlaw.com MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 801 South Figueroa St., 15th Floor Los Angeles, CA 90017-3012 Telephone: (213) 624-6900 Facsimile: (213) 624-6999 Email: aje@manningllp.com jcw@manningllp.com Mark E. Ellis (SBN 127159) ELLIS LAW GROUP LLP 1425 River Park Drive, Suite 400 Sacramento, CA 95815 Telephone: (916) 283-8820 Facsimile: (916) 283-8821 Email: mellis@ellislawgrp.com Martin N. Jensen (SBN 232231) Thomas L. Riordan (SBN 104827) PORTER SCOTT 350 University Ave., Suite 200 Sacramento, CA 95825 Telephone: (916) 929-1481 Facsimile: (916) 927-3706 Email: mjensen@porterscott.com triordan@porterscott.com Attorneys for Defendants Attorneys for Plaintiff 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- STIPULATED FINAL JUDGMENT AND PERMANENT INJ. CASE NO.: 2:16-cv-00201-WBS-DB

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