Koa Lei Inc v. Aziz S Hegley et al

Filing 10

ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION; VOLUNTARY DISMISSAL WITH PREJUDICE by Judge Christina A. Snyder: Upon Stipulation 9 , Plaintiff Koa Lei, Inc. dba Westside Rentals and Defendant Aziz S. Hegly dba Westside Property Rentals have entered into a Settlement Agreement and Mutual Release as to the claims in the matter. Defendant Aziz S. Hegly dba Westside Property Rentals, and its agents, servants, employees and all persons in active concert and participation with them are h ereby immediately and permanently restrained and enjoined re using the name "Westside Property Rentals" and/or any other names identical to or confusingly similar to "Westside Rentals," etc. Plaintiff and Defendant shall bear their own costs associated with this action. Except as otherwise provided in this order, this action is fully resolved with prejudice. See document for details. ( MD JS-6. Case Terminated ) (gk)

Download PDF
1 5 Brent H. Blakely (SBN 157292) bblakely@blakelylawgroup.com Cindy Chan (SBN 247495) cchan@blakelylawgroup.com BLAKELY LAW GROUP 915 North Citrus Avenue Hollywood, California 90038 Telephone: (323) 464-7400 Facsimile: (323) 464-7410 6 Attorneys for Plaintiff 2 3 4 JS-6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 KOA LEI, INC., a California Corporation dba WESTSIDE RENTALS, 13 vs. 14 15 16 AZIZ S. HEGLY, an individual dba WESTSIDE PROPERTY RENTALS; and DOES 1-10, inclusive. Defendants. 17 18 Plaintiff, ) CASE NO. CV 11-6569 CAS (AGRx) ) ) ORDER RE CONSENT JUDGMENT ) INCLUDING A PERMANENT ) INJUNCTION; VOLUNTARY ) DISMISSAL WITH PREJUDICE ) ) ) ) ) ) ) WHEREAS Plaintiff Koa Lei, Inc. dba Westside Rentals and Defendant Aziz S. 19 Hegly dba Westside Property Rentals have entered into a Settlement Agreement and 20 Mutual Release as to the claims in the above referenced matter. Defendant, having 21 agreed to consent to the below terms, it is hereby ORDERED, ADJUDGED, and 22 DECREED as among the parties hereto that: 23 24 25 1. This Court has jurisdiction over the parties to this Final Judgment and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121. 2. Plaintiff has registered the WESTSIDE RENTALS mark as a fictitious 26 business name with the California Secretary of State. Plaintiff has continuously used 27 the name WESTSIDE RENTALS in connection with its real estate listing services for 28 1 STIPULATION TO CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL WITH PREJUDICE 1 housing and apartment rentals since its date of first use in 1996. Plaintiff owns and 2 enjoys common law trademark rights to the WESTSIDE RENTALS mark in the state 3 of California and throughout the United States. 4 3. Plaintiff has alleged that Defendant’s use of the name “Westside Property 5 Rentals” constitutes trademark infringement and unfair competition under the Lanham 6 Trademark Act, 15 U.S.C. § 1051, et seq and under the common law. 7 4. Defendant has agreed to permanently cease using the name “Westside 8 Property Rentals” and/or any other names identical to or confusingly similar to the 9 WESTSIDE RENTALS mark connection with its business. 10 5. Defendant, and its agents, servants, employees and all persons in active 11 concert and participation with them are hereby immediately and permanently 12 restrained and enjoined from: 13 (a) Conducting business as “Westside Property Rentals” and/or doing 14 business under any other name that contains words/marks confusingly similar to 15 “Westside Rentals” (b) 16 Using the word “Westside” in connection with real estate listing 17 services for housing and apartment rentals, or any type of other services in the real 18 estate industry; 19 (c) Operating www.westsidepropertyrentals.com or any other website 20 that contains the word “Westside” in its domain name. Defendant shall transfer and 21 assign the westsidepropertyrentals.com domain name and any other domain names 22 containing the word “Westside” to Plaintiff; 23 (d) Committing any other act which falsely represents or which has the 24 effect of falsely representing that the services of Defendant is licensed by, authorized 25 by, offered by, produced by, sponsored by, or in any other way associated with 26 Plaintiff. 27 (e) Otherwise competing unfairly with Plaintiffs in any manner. 28 2 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL WITH PREJUDICE 1 2 3 4 5 6. Plaintiff and Defendant shall bear their own costs associated with this action. 7. The execution of this Final Judgment by Counsel for the parties shall serve to bind and obligate the parties hereto. 8. The jurisdiction of this Court is retained for the purpose of making any 6 further orders necessary or proper for the construction or modification of this Final 7 Judgment, the enforcement thereof and the punishment of any violations thereof. 8 Except as otherwise provided herein, this action is fully resolved with prejudice. 9 10 9. This Final Judgment shall be deemed to have been served upon Defendants at the time of its execution by the Court. 11 12 IT IS SO ORDERED. 13 14 15 DATED: April 20, 2012 __________________________ Hon. Christina A. Snyder United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL WITH PREJUDICE

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?