Bridgestone Brands, LLC v. Qingdao Odyking Tire Co., Ltd, No. 2:2013cv02164 - Document 16 (D. Nev. 2015)

Court Description: FINAL JUDGMENT and PERMANENT INJUNCTION in favor of Plaintiff Bridgestone Brands, LLC and against Defendant against Qingdao Odyking Tire Co., Ltd. Defendant, its related companies, officers, directors, employees, agents, and all persons in acti ve concert or participation with are permanently enjoined from any and all action as set forth in the Settlement Agreement entered into by and between the parties, attached as Exhibit A. Signed by Chief Judge Gloria M. Navarro on 1/26/2015. (Copies have been distributed pursuant to the NEF - SLD)
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Bridgestone Brands, LLC v. Qingdao Odyking Tire Co., Ltd Doc. 16 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA Bridgestone Brands, LLC, Plaintiff, v. Qingdao Odyking Tire Co., Ltd. Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No: 2:13-cv-02164-GMN-VCF [PROPOSED] FINAL JUDGMENT FINAL JUDGMENT AND PERMANENT INJUNCTION By and with the consent of Plaintiff and Defendant, the Court enters the following final judgment and permanent injunction: 1. This Court has jurisdiction over this matter pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338(a) and (b). Pursuant to 28 U.S.C. § 1367, this Court has supplemental jurisdiction over Plaintiff’s state law claims because those claims form part of the same case or controversy. This court has personal jurisdiction over the parties, and venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c). 2. Good cause exists for the entry of this Final Judgment and Permanent Injunction against Defendant. THEREFORE, IT IS ORDERED AS FOLLOWS: A. As detailed in the settlement agreement attached as Exhibit A (the “Settlement Agreement”), Defendant, its related companies, officers, directors, employees, agents, and all persons in active concert or participation with any of them who receive actual notice of this Judgment by personal service or otherwise are hereby PERMANENTLY ENJOINED from: 1. Using, registering, or attempting to use or register (directly or indirectly) the FAVORSTONE name or mark; the FAVORSTONE Logo; any name or mark comprised of or containing the letters “FR” (including, but not limited to FR170, FR270, FR370, FR470, FR570, FR670, FR770, and FR870); any variations thereof; and/or any other term(s), stylization(s), or design(s) likely to be confused with or to dilute any name or mark owned by Firestone or its related companies in any form (e.g., as, or as part of, a product name or logo, company name or logo, trademark, service mark, ornamentation, trade name, business name, fictitious name, slogan, tagline, domain name, favicon, e-mail address, URL, social-media name, screen name, keyword, metatag, or other name or identifier), in any medium (e.g., print, television, radio, Internet, or other electronic or online means), for any goods or services. 2. Falsely claiming that Odyking’s tires use “BRIDGESTONE technology,” or making any other false or misleading statements regarding Plaintiff, any of its related companies, or any of their products, technology, or operations. B. Defendant will have ten (10) business days from the date of the full execution of the Settlement Agreement to comply with Paragraph 5 of the agreement requiring, among other things, the destruction and/or delivery to Bridgestone of all remaining products and materials containing any of the Prohibited Terms and/or Firestone Advertisements. C. The Settlement Agreement is incorporated in and made part of this Judgment. IT IS SO ORDERED this 26th day of January, 2015. ________________________________ Gloria M. Navarro, Chief Judge United States District Court EXHIBIT A