The American Automobile Association, Inc. v. AAA Action Auto Movers et al

Filing 12

CONSENT JUDGMENT entered dismissing the case. (BBC / PAO). (rep),(ps) Modified on 7/31/2012 (rep).

TN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN THE AMERICAN AUTOMOBILE ASSOCIATION, INC., eM' Complaint No. 3:12-ev-00411 Plaintiff, v. A.~A ACTION AllTO MOVERS aDd ANTHONY MALCEIN, Defendanb. ~QNSENI ORDER OF JUDGMENT WHEREAS, The American Automobile Association. Inc. ("AAA") bas brought an action in this Court against AAA Action Auto Movers and Anthony Malcein (hereinafter, the "Defel1dMt~") in which it has alleged that Defendants have knowingly and willfully violated A..I\A's rights in its famous and distinctive AAA trademarks (liMA Mar.ks''), in violation of the Federal Trademark Act ("Lanham Act"). 15 U.S.C. §§ 1114, 1125, and Wisconsin state la'rV, by making unauthori2.ed use of the AAA Marks to advertise the AAA Action Auto Movers busjness owned and operated by Defendants; WHEREAS, the Court has jurisdiction over this civil action by virtue of 28 U.s.c. §§ 1331, 1338, and 1367; WHEREAS. AAA and Defendants have entered into a Settlement Agreement to resolve any and all c:ontroversies and disputes between them existing as oftbis date; WHEREAS, pursuant to that Settlement Agrcemen~ AAA has·agreed to dis~ss its claims for damages. attotneys' fees, and costs; lJC.'; 4.f761~1i.1 WHEREAS. pursuant to that Settlement Agreement, Defendants have agreed and consented to entry by the Court of a pennanenl injunction restraining them from violating AAA!s trademark rights; and WHEREAS, Defendants waive all defenses or counterclaims which it might otherwise raise at a trial on the merits of AAA's demand for a lempotary restraining order, preliminary injunction. pennanent injunction, and/or damages. NOW 'THEREFORE, Defendants consent and agree that this Court enter a judgment permanently e~oinini them from unauthorized use of AAA's trademarks, or of marks confusingly similar to any ofthem. The Court does hereby~ upon the consent of the parties, declare that a permanent lnjunetion issue herein as follows: IT IS ORDERED, ADJUDGED. AND DECREED: 1. That Defendants, their agents. attorneys, representath~es, employees. and all persons in active concert or pa.rticipation with them who receive notice hereof, an" hereby permanently enjoilted from any unauthori~ed use of AM's trademarks. or of marks confusingly similar to any of them in association with their business; 2. That each 8.nd every claim for damages, penalties, costs, and attorneys' .fees by AM against Defendants, other than the permanent injunction granted herein. is hereby dismissed without prejudice, except for such danlages, penalties, costs. and/or attorneys' fees which might result from any violation of this Order; and 3. That this case shall be closed, except that this Court shall retain jurisdiction for the p1.U'pose of enfo~irig the Settlement Agreement and this Consent Order of Judgment. 2 ~ ENTERED thi~D day of . .J.. . Ml-I-'I_ _~_~ 2012 t:e ~6 ..~--+ Ct..c.--L4United States District Courl BY CONSENT OF PLAINTIFF: BY CONSENT OF DEFENDANTS: ~~~...Jt:i~~~:..::...."=---_ ~ MaIcem C 7-2>--;'; a-zI}, aM:. phi . Benken Quarles & Brady LLP 33 East Main Street in. his individual capacity and on behaff f.?f AM Action Auto Movers Suite 900 Madi~on., WI 53703 Tel. No. (608) 2S1-S000 Fax No. (608) 294-5905 ArlomeysfiJr Plaintiff TIle Amftrican Automobile Association. Inc. OF COUNSEL: Neil K. Roman Peter D. Saharko COVINGTON & BURLINO LLr t 20 t Pennsylvania Avenue~ N.W Washington. D.C. 20004-2401 Tel. No. (202) 662-6000 psaharko@cov.con1 Entered this 1J:.t:~ ~day of July, 2012. 0, ~e..l.~ Peter Oppeneer Clerk of Court J