Adidas America Inc. et al v. Wah Lei Footwear (U.S.A) Corporation et al

Filing 49

FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge John F. Walter: Judgment shall be entered against Defendant Top Shoes as to each of the claims asserted by adidas against it. Top Shoes and all its agents, officers, employees, representatives, success ors, assigns, attorneys, and all other persons acting for, with, by,through, or under authority from Top Shoes, or in concert or participationwith Top Shoes, and each of them, be PERMANENTLY ENJOINED and RESTRAINED (see document for further details). Plaintiff shall be entitled to an award of the costs of this action, including reasonable attorneys' fees. Plaintiff shall file a Motion to support theamount of this award as provided by the Court's Order. Related to: MOTION for Default Judgment against Defendant Top Shoes, Inc 42 . (jp)

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Dennis Wilson (Bar No. 155407) David K. Caplan (Bar No. 181174) KEATS McFARLAND & WILSON LLP 9720 Wilshire Boulevard, Penthouse Suite Beverly Hills, California 90212 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] R. Charles Henn Jr. Sara M. Vanderhoff KILPATRICK STOCKTON LLP Suite 2800 NOTE: CHANGES HAVE BEEN 1100 Peachtree Street MADE TO THIS DOCUMENT Atlanta, GA 30309 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ADIDAS AMERICA, INC., and ADIDAS AG, Plaintiff, v. Case No.: CV08-04969-JFW (JTLx) FINAL JUDGMENT AND PERMANENT INJUNCTION

WAH LEI FOOTWEAR (U.S.A.) Date: October 27, 2008 CORPORATION, FU JU (U.S.A.) GROUP INC., LA DISCOUNT SHOES, Time: 1:30 p.m. F. Walter Place: Hon. John SUNNY SHOES CORP., and TOP 312 N. Spring Street, Courtroom 16 SHOES, INC. Defendants.

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ORDER The Court having granted Plaintiffs' Motion for Default Judgment as to Defendant Top Shoes, Inc. IT IS HEREBY ORDERED THAT: 1. Judgment shall be entered against Defendant Top Shoes as to each of the claims asserted by adidas against it. 2. Top Shoes and all its agents, officers, employees, representatives, successors, assigns, attorneys, and all other persons acting for, with, by, through, or under authority from Top Shoes, or in concert or participation with Top Shoes, and each of them, be PERMANENTLY ENJOINED and RESTRAINED, from: a. manufacturing, selling, offering for sale, advertising, promoting, distributing or displaying the Infringing Footwear; b. manufacturing, selling, offering for sale, advertising, promoting, distributing or displaying any other footwear bearing the ThreeStripe Mark or any other confusingly similar imitation of adidas's Three-Stripe Mark, including without limitation any footwear having a design, mark, or feature on the side of the upper that consists of (1) the Three-Stripe Mark (in a similar position, size and spacing as depicted in the Trademark Registrations) with one additional stripe; or (2) the Three-Stripe Mark (in a similar position, size and spacing as depicted in the Trademark Registrations) less one of the three stripes; 3. Within ten (10) days of service of this Order, Defendant shall: a. be compelled to account to adidas for any and all profits derived by Defendant from the sale or distribution of infringing goods as described in this Action; and -1-

[PROPOSED] ORDER

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b. pay to adidas the entire amount of said profits on account of Defendant's knowing and intentional use of confusingly similar imitations of adidas's Three-Stripe Mark. 4. Plaintiff shall be entitled to an award of the costs of this action, including reasonable attorneys' fees. Plaintiff shall file a Moiton to support the amount of this award as provided by the Court's Order.
Dated: October 21, 2008.

By:____________________________ The Honorable John F. Walter United States District Court Central District of California

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[PROPOSED] ORDER