DirecTV, Inc. v. Kenneth D. Thompson

Filing 16

ORDER ON PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT by Judge Christina A. Snyder: Upon Stipulation 15 , IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant Kenneth D. Thompson d/b/a Satellite Station its employees, representatives, con federates, and any other persons or entities acting in concert or participation with it, are permanently enjoined and restrained re DIRECTV Logo and the DIRECTV Trademarks, etc. ORDERED, that in the event Defendant violates this injunction or any of the terms of the Settlement Agreement, including late payment of the Installment Payments as specified therein, liquidated damages shall be and are hereby entered in the amount $40,000.00. See document for details. ( MD JS-6. Case Terminated ) (gk)

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-SS DirecTV, Inc. v. Kenneth D. Thompson Doc. 16 JS-6 1 GREENBERG TRAURIG, LLP SUSAN L. HELLER (SBN 160539) 2 E-Mail: HellerS@gtlaw.com GREGORY A. NYLEN (SBN 151129) 3 E-Mail: NylenG@gtlaw.com 4 2450 Colorado Avenue, Suite 400E Santa Monica, CA 90404-5524 5 Telephone: 310-586-7700 Facsimile: 310-586-7800 6 Attorneys for Plaintiff DIRECTV, INC. 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 WESTERN DIVISION 10 CASE NO. CV 10-6064 CAS (JCG) 11 DIRECTV, INC., a California corporation, 12 [PROPOSED] ORDER ON PERMANENT Plaintiff, 13 INJUNCTION AND FINAL JUDGMENT ON CONSENT vs. 14 15 17 18 19 20 21 22 23 24 25 26 27 28 129,212,966 v1 KENNETH D. THOMPSON d/b/a/ 16 SATELLITE STATION, Defendant. Dockets.Justia.com 1 Plaintiff DIRECTV, Inc., having commenced this action for an injunction and 2 other relief against Defendant Kenneth D. Thompson d/b/a Satellite Station 3 ("Defendant"), pursuant to the Lanham Act, 15 U.S.C. 1051, et seq., California 4 Business and Professions Code 17200 and 17500, et seq., and under the laws of the 5 State of California, for the reason that Defendant is alleged to be engaging in the 6 unauthorized use, display, advertising, and promoting of Plaintiff's trademarks and 7 service marks as described and defined in the Complaint herein (collectively the 8 "DIRECTV Trademarks"), and in breach of the surviving terms of his Independent 9 Retailer Agreement with DIRECTV, and Defendant, having stipulated to entry of 10 Permanent Injunction and Final Judgment; 11 12 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Defendant, its employees, representatives, confederates, and any other 13 persons or entities acting in concert or participation with it, are permanently enjoined 14 and restrained: 15 (a) from using in any manner the DIRECTV Logo and the DIRECTV 16 Trademarks, alone or in combination with any word or words which so resemble 17 DIRECTV'S Trademarks as to be likely to cause confusion, deception, or mistake on 18 or in connection with the advertising, offering for sale, or sale of any product or service 19 not DIRECTV's, or not authorized by DIRECTV to be sold in connection with 20 DIRECTV's Trademarks; 21 (b) from passing off, inducing, or enabling others to sell or pass off any 22 product as and for products produced by DIRECTV, not DIRECTV's, or not produced 23 under the control and supervision of DIRECTV and approved by DIRECTV for sale 24 under the DIRECTV Trademarks; 25 (c) from committing any acts calculated to cause purchasers to believe 26 that Defendant's goods and services are those sold under the control and supervision of 27 DIRECTV, or sponsored or approved by, connected with, guaranteed by, or produced 28 1 129,212,966 v1 1 under the control and supervision of DIRECTV, or that Defendant is an authorized 2 independent retailer of DIRECTV; 3 5 6 (d) (e) (f) from further diluting and infringing the DIRECTV Trademarks and from otherwise competing unfairly with DIRECTV in any manner; from advertising, distributing, selling, installing, or soliciting for 4 damaging DIRECTV's goodwill; 7 sale, in any manner, products or services not authorized by or sourced from DIRECTV 8 to be sold or offered for sale, and which bear any of the DIRECTV Trademarks. 9 2. That Defendant be required to immediately deliver up to DIRECTV any 10 and all products, guarantees, circulars, price lists, labels, signs, prints, packages, 11 wrappers, pouches, receptacles, advertising matter, promotional, and other materials in 12 the possession of Defendant or under his control bearing any of the DIRECTV 13 Trademarks, or each of them, alone or in combination with any other words, or used in 14 connection with the advertising, offering for sale or sale of products not DIRECTV's, 15 or not made under the authorization and control of DIRECTV. 16 3. That Defendant be required to immediately supply DIRECTV with a 17 complete list of entities to whom he distributed and/or sold services not authorized by 18 DIRECTV to be sold in connection with DIRECTV's Trademarks. 19 4. That Defendant be required to immediately deliver up for destruction all 20 signage, clothing, adverting materials, brochures, or other tangible items bearing the 21 unauthorized DIRECTV Logo or any of the DIRECTV Trademarks. 22 5. That Defendant, within thirty (30) days after service of judgment with 23 notice of entry thereof upon it, be required to file with the Court and serve upon 24 DIRECTV a written report under oath setting forth in detail the manner in which 25 Defendant has complied with the preceding paragraphs. 26 ORDERED, that this Court has jurisdiction over the parties and the subject 27 matter of the action. This Court shall retain jurisdiction to the extent necessary to 28 enforce this Permanent Injunction and Final Judgment and the Settlement Agreement 2 129,212,966 v1 1 entered into by Plaintiff and Defendant and to determine any issues that may arise under 2 either; and it is further 3 ORDERED, that in the event Defendant violates this injunction or any of the 4 terms of the Settlement Agreement, including late payment of the Installment Payments 5 as specified therein, liquidated damages shall be and are hereby entered in the amount 6 of Forty Thousand Dollars ($40,000.00). 7 8 9 10 DATED: November 29, 2010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 129,212,966 v1 SO ORDERED. By:___________________________ Honorable Christina A. Snyder United States District Judge

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