Oleg Pogrebnoy v. Russian Newspaper Distribution Inc. et al

Filing 221

JUDGMENT AND PERMANENT INJUNCTION by Judge Percy Anderson. In accordance with the Courts October 2, 2017 Findings of Fact and Conclusions of Law, it is nor ORDERED, ADJUDGE, and DECREED that: Plaintiff Oleg Pogrebnoys (Pogrebnoy) claim for cancellation of a federal trademark registration pursuant to 15 U.S.C. § 1064 is dismissed for lack of jurisdiction; (SEE JUDGMENT FOR FURTHER DETAILS) and MD JS-6. Case Terminated). (yl)

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1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 OLEG POGREBNOY, Plaintiff, 12 13 14 No. CV 10-8532 PA (SSx) JUDGMENT AND PERMANENT INJUNCTION v. RUSSIAN NEWSPAPER DISTRIBUTION, INC., et al., 15 Defendants. 16 17 18 19 20 21 In accordance with the Court’s October 2, 2017 Findings of Fact and Conclusions of Law, it is nor ORDERED, ADJUDGE, and DECREED that: 1. Plaintiff Oleg Pogrebnoy’s (“Pogrebnoy”) claim for cancellation of a federal trademark registration pursuant to 15 U.S.C. § 1064 is dismissed for lack of jurisdiction; and 2. Pogrebnoy has failed to establish any claim against defendant MMAP, Inc., which is 22 a defunct corporation, and Pogrebnoy’s claims against MMAP, Inc. are therefore dismissed with 23 prejudice; and 24 3. Defendants Russian Newspaper Distribution, Inc., Vitaly Matusov, and Alexander 25 Ginzburg (collectively “Defendants”), are entitled to judgment in their favor on Pogrebnoy’s claim 26 for trade dress infrinement; and 27 28 4. Pogrebnoy is entitled to Judgment in his favor against Defendants on his claims for trademark infringement and unfair competition; and 1 2 3 5. Defendants are jointly and severally liable to Pogrebnoy for damages in the amount of $10.00; and 6. Defendants, their officers, agents, servants, employees, attorneys, and other persons 4 who are in active concert or participation with them who receive actual notice of this Judgment and 5 Permanent Injunction, are, after January 31, 2018, permanently enjoined from using the Kypüeð 6 and Kurier marks to identify their publications; and 7 7. Each party shall pay its own costs. 8 9 DATED: October 2, 2017 _________________________________ Percy Anderson UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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