Color Me Mine Enterprises Inc v. Southern States Marketing Inc et al

Filing 285

JUDGMENT AS TO DEFENDANT TOYS "R" US, INC by Judge R. Gary Klausner: Judgment is entered in favor of Toys R Us; Toys R Us is the prevailing party; Plaintiff is not entitled to recovery of actual damages from Toys R Us; Plaintiff is not enti tled to recovery of profits from Toys R Us; Plaintiffs demand for an injunction from Toys R Us is denied as moot; Toys R Us are awarded their costs; and Toys R Us reserves its rights to seek its attorneys' fees pursuant to 15 U.S.C. section1117(a) as the prevailing party, upon appropriate motion filed with the Court within fourteen (14) days of the entry of this Order. (ir)

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Lewis Anten, Esq., SBN 56459
Ivy Choderker, Esq., SBN 210612
[e-mail]
LEWIS ANTEN, A PROFESSIONAL CORP.
16830 Ventura Boulevard, Suite 236
Encino, California 91436
Telephone: [phone]
NOTE: CHANGES MADE BY THE COURT
Facsimile: [phone]
Attorneys for Defendants
Southern States Marketing, Inc.;
Peachtree Playthings, Inc.;
Peachtree Playthings (HK) Ltd.;
Walgreen Co.; Michaels Stores, Inc.;
Mary Maxim, Inc.;
Hobby Lobby Stores, Inc.; Toys “R” Us, Inc.;
CVS Caremark Corporation; and
Four Seasons General Merchandise, Inc.

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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CASE NO.: CV 12-00860 RGK (JCx)

COLOR ME MINE ENTERPRISES,
INC., a California corporation,

[PROPOSED] JUDGMENT AS TO
DEFENDANT TOYS “R” US, INC.

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Plaintiff,
vs.

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SOUTHERN STATES MARKETING,
INC., a Georgia corporation, et al.,

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Defendants.

Trial
Date: May 14, 2013
Time: 9:00 a.m.
Judge: The Hon. R. Gary Klausner
Courtroom: 850

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C:\Temp\notesD30550\Exhibit C - PROPOSED JUDGMENT TOYS R US.doc

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WHEREAS, the Court, in its Order Re: Plaintiff’s Motion for Partial
Summary Judgment (DE 169); Retail Defendants’ Motion for Partial Summary

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Judgment (DE 160); Defendants Peachtree Playthings HK Ltd, Peachtree
Playthings Inc., and Southern States Marketing, Inc.’s Motion for Summary
Judgment (DE 163) (Pacer Docket No. 236) granted summary judgment of no

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monetary recovery and no willfulness in favor Defendants Toys “R” Us, Inc., CVS
Caremark Corporation, Mary Maxim, Inc., Four Seasons General Merchandise,
Inc., Michaels Stores, Inc. Hobby Lobby Stores, Inc. , Walgreen Co., and Wal-

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Mart Stores, Inc. (collectively, “Retail Defendants”); and
WHEREAS, Toys “R” Us, Inc. (“Toys R Us”) never sold any products
purchased from Peachtree Playthings, Inc., Peachtree Playthings (HK) Ltd., or

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Southern States Marketing, Inc. bearing the name “Color Me Mine” or “Mine To

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Color”; and

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WHEREAS a determination on the validity and infringement of Plaintiff’s

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Service Mark “Color Me Mine,” and the granting of an injunction, is moot the

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Court granted summary judgment in favor of defendant Toys R Us as to all claims;

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IT IS HEREBY ORDERED as follows:

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1. Judgment is entered in favor of Toys R Us;

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2. Toys R Us is the prevailing party;

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C:\Temp\notesD30550\Exhibit C - PROPOSED JUDGMENT TOYS R US.doc

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3. Plaintiff is not entitled to recovery of actual damages from Toys R Us;
4. Plaintiff is not entitled to recovery of profits from Toys R Us;

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5. Plaintiff’s demand for an injunction from Toys R Us is denied as
moot;
6. Toys R Us are awarded their costs; and

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7. Toys R Us reserves its rights to seek its attorneys’ fees
pursuant to 15 U.S.C. section1117(a) as the prevailing party, upon appropriate
motion filed with the Court within fourteen (14) days of the entry of this Order.

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Dated: May 6, 2013

____________________________
R.Gary Klausner
U.S. District Court Judge

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Respectfully submitted,

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LEWIS ANTEN, P.C.

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Dated:

/s/ Lewis Anten
LEWIS ANTEN
IVY CHODERKER
Attorneys for Defendant
Toys R Us

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C:\Temp\notesD30550\Exhibit C - PROPOSED JUDGMENT TOYS R US.doc