Globefill Incorporated v. Elements Spirits, Inc. et al

Filing 619

PERMANENT INJUNCTION filed by Judge Consuelo B. Marshall against defendants Kim Brandi and Elements Spirits, Inc. Within 120 days after the issuance of this Permanent Injunction Order, each Defendant is ordered to file with the Court and serve on Plaintiff a certification that it has complied with this Permanent Injunction Order. See document for details. (smo)

Download PDF
1 RK, U.S. DISTRICT COURT 2 AllG 17 2011 3 .~ L DIS ICi OF CALIFORNIA ... 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 1 1 GLOBEFILL INCORPORATED, a Canadian corporation, 12 Plaintiff, v. 13 14 ELEMENTS SPIRITS,INC., a California corporation, and KIM 15 BRANDI, an individual, 16 Case No: 10-CV-2034 CBM(PLAx) Hon. Consuelo B. Marshall [-~r~e~es~l.}~ermanent Injunction Order Defendants. 17 18 19 This Court has jurisdiction over the parties and of the subject matter of this 2 action. Venue is proper in this judicial district. 0 21 The jury having found for Plaintiff Globefill Incorporated ("Plaintiff') and 22 against Defendants Elements Spirits, Inc. and Kim Brandi (collectively, Defendants")for using a trade dress for KAH Tequila, namely skull-shaped 23 " 24 calavera bottles that were introduced into evidence at the trial as Exhibits 55-58 and 25 772(the "KAH Tequila Trade Dress"), in a manner that is likely to cause confusion 2 among ordinary consumers as to the source, sponsorship, affiliation, or approval of 6 27 the parties' goods, specifically with Plaintiff's Crystal Head Vodka trade dress, 28 a skull-shaped bottle covered by the trademark bearing U.S. Registration 1 No. 4,043,730 (the "Crystal Head Vodka Trade Dress"), in violation of 15 2 U.S.C. § 1125(a); and having further found that Defendants did so willfully or 3 intentionally, the Court hereby ORDERS, ADNDGES AND DECREES as follows: 4 1. Defendants, and each of their officers, agents, servants, employees, 5 attorneys, and all other persons in active concert or participation with 6 them, are, subject to the limitations set out within this Permanent 7 Injunction Order, hereby enjoined, in the United States, from: 8 a. Manufacturing, distributing, marketing, selling, or offering for sale their KAH Tequila or any other beverage alcohol product in 9 10 the KAH Tequila Trade Dress; 11 b. Manufacturing, distributing, marketing, selling, or offering for 12 sale their KAH Tequila or any other alcohol beverage product 13 which is packaged in a trade dress that is a reproduction, 14 counterfeit, copy or colorable imitation ofthe Crystal Head 15 Vodka Trade Dress, unless such trade dress is expressly 16 authorized by Plaintiff; and 17 c. Expressly or by implication, representing that 1: uuau O~thPir crnnr~c ir+~ib~ 1~„+ .~+ 18 ;+o,~ +,_,~ ~H Tequila are Q 6 manufactured, approved, authorized, licensed, endorsed, or ol P --./~ , 1LT1~1 -~ V sponsored by Plaintiff 20 21 2 . 1 Non-party importers, distributors, and retailers who do not fall within 22 the scope of paragraph 1 above and who have purchased KAH Tequila 23 on or before March 29, 2017, the date ofthe jury's verdict in this 2 4 action, shall not be bound by this Permanent Injunction Order. 25 3. States. 26 27 28 The scope of this Permanent Injunction Order is limited to the United 4 . Defendants shall, within 90 days ofthe date of this Permanent Injunction Order, remove from the United States their unsold inventory ~~ 1 of KAH Tequila in the KAH Tequila Trade Dress. 2 5. Within 120 days after the issuance of this Permanent Injunction Order, 3 each Defendant is ordered to file with the Court and serve on Plaintiff 4 a certification that it has complied with this Permanent Injunction 5 Order. 6. 6 The Court retains jurisdiction over the parties to enforce this Permanent Injunction Order. 7 8 9 10 Dated: 5~~~ 7 ~~ ~ 7 11 12 ~. Hon. Consuelo B. Marshall United States District Jude 13 14 15 16 17 18 19 2 0 21 22 23 24 25 2 6 27 28 i

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?