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)
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RK, U.S. DISTRICT COURT
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AllG 17 2011
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L DIS ICi OF CALIFORNIA ...
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IN THE UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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1 1 GLOBEFILL INCORPORATED,
a Canadian corporation,
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Plaintiff,
v.
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14 ELEMENTS SPIRITS,INC.,
a California corporation, and KIM
15 BRANDI, an individual,
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Case No: 10-CV-2034 CBM(PLAx)
Hon. Consuelo B. Marshall
[-~r~e~es~l.}~ermanent Injunction
Order
Defendants.
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This Court has jurisdiction over the parties and of the subject matter of this
2 action. Venue is proper in this judicial district.
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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
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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
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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:
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1.
Defendants, and each of their officers, agents, servants, employees,
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attorneys, and all other persons in active concert or participation with
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them, are, subject to the limitations set out within this Permanent
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Injunction Order, hereby enjoined, in the United States, from:
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a.
Manufacturing, distributing, marketing, selling, or offering for
sale their KAH Tequila or any other beverage alcohol product in
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the KAH Tequila Trade Dress;
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b.
Manufacturing, distributing, marketing, selling, or offering for
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sale their KAH Tequila or any other alcohol beverage product
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which is packaged in a trade dress that is a reproduction,
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counterfeit, copy or colorable imitation ofthe Crystal Head
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Vodka Trade Dress, unless such trade dress is expressly
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authorized by Plaintiff; and
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c.
Expressly or by implication, representing that
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O~thPir crnnr~c ir+~ib~ 1~„+ .~+
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;+o,~ +,_,~ ~H Tequila
are
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manufactured, approved, authorized, licensed, endorsed, or
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sponsored by Plaintiff
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Non-party importers, distributors, and retailers who do not fall within
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the scope of paragraph 1 above and who have purchased KAH Tequila
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on or before March 29, 2017, the date ofthe jury's verdict in this
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action, shall not be bound by this Permanent Injunction Order.
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3.
States.
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The scope of this Permanent Injunction Order is limited to the United
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Defendants shall, within 90 days ofthe date of this Permanent
Injunction Order, remove from the United States their unsold inventory
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of KAH Tequila in the KAH Tequila Trade Dress.
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Within 120 days after the issuance of this Permanent Injunction Order,
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each Defendant is ordered to file with the Court and serve on Plaintiff
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a certification that it has complied with this Permanent Injunction
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Order.
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The Court retains jurisdiction over the parties to enforce this Permanent
Injunction Order.
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10 Dated: 5~~~ 7 ~~ ~
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Hon. Consuelo B. Marshall
United States District Jude
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