Cerveceria Modelo de Mexico, S. de R.L. de C.V. v. CB Brand Strategies, LLC et al, No. 1:2021cv07316 - Document 70 (S.D.N.Y. 2023)

Court Description: FINAL JUDGMENT OF INJUNCTION. The Court hereby enters FINAL JUDGMENT as follows: 1. Defendants, including their agents, officers, directors, employees, franchisees, licensees, affiliates, principals, subsidiaries, parents, servants, representative s, attorneys, shareholders, divisions, successors, and assigns, and all those in active concert or participation with them who receive notice of this Final Judgment directly or otherwise, are permanently enjoined from producing, marketing or sellin g either of the Modelo Reserva products: Modelo Reserva beer claiming to be finished on aged wood from Tequila Barrels, or Modelo Reserva beer claiming to be finished on aged wood from Bourbon Barrels. For the avoidance of doubt, this Final Judgme nt does not prohibit Defendants, or any other persons or entities subject to this Final Judgment, from later producing, marketing, or selling a product bearing the trademark "Modelo Reserva" or using the term "Reserva" in connec tion with any other later adopted Brand Extension Mark or Brand Extension Beer (as defined in the Sublicense), provided that such product does not claim to be "Finished on aged wood from Tequila Barrels" or "Finished from aged wood from Bourbon Barrels." 2. Plaintiff shall recover its reasonable costs of suit through June 23, 2022 (not including any expert witness fees or attorneys' fees), supported by documentary evidence and a sworn statement of Plaintiff's counsel. 3. Without any admission by Defendants of liability or harm, this action is dismissed with prejudice. The Clerk shall close the case. IT IS SO ORDERED AND ADJUDGED. (Signed by Judge Lewis A. Kaplan on 9/12/23) (yv)