Improv West Associates et al v. Comedy Club Inc et al

Filing 15

FINAL JUDGMENT by Judge Philip S. Gutierrez: In accordance with the Stipulation Of All Parties To Entry Of The March 16, 2012 Award Upon Settlement Consent Award as a judgment in this action, and good cause having been shown, the Court hereby confirms the Award Upon Settlement Consent Award pursuant to 9 U.S.C. § 9 and ORDERS, ADJUDGES, AND DECREES AS FOLLOWS: (see document for further details). Related to: Stipulation for Judgment 14 (MD JS-6, Case Terminated). (bm)

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1 E-FILED 07/12/12 JS-6 lc 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 13 14 IMPROV WEST ASSOCIATES, a California limited partnership, and CALIFORNIA COMEDY, INC., a California corporation, Petitioners, 15 16 17 18 v. COMEDY CLUB, INC., a Louisiana corporation, and AL COPELAND INVESTMENTS, INC., a Louisiana corporation, 19 20 21 Respondents. COMEDY CLUB, INC, and AL COPELAND INVESTMENTS, INC., 22 23 24 25 26 27 28 Cross-Petitioners, v. IMPROV WEST ASSOCIATES and CALIFORNIA COMEDY, INC. Cross-Respondents. Case No. CV 12-03219 PSG (SHx) [Proposed] FINAL JUDGMENT 1 In accordance with the Stipulation Of All Parties To Entry Of The March 2 16, 2012 Award Upon Settlement – Consent Award as a judgment in this action, and 3 good cause having been shown, the Court hereby confirms the Award Upon 4 Settlement – Consent Award pursuant to 9 U.S.C. § 9 and ORDERS, ADJUDGES, 5 AND DECREES AS FOLLOWS: 6 1. The "additional rights" granted to Respondents/Cross-Petitioners 7 Al Copeland Investments, Inc. and Comedy Club, Inc. under the Amendment To 8 Trademark License Agreement ("Amendment") dated October 19, 1999 have 9 terminated and reverted to Petitioner/Cross-Respondent Improv West Associates. 10 2. Respondents/Cross-Petitioners Al Copeland Investments, Inc. and 11 Comedy Club, Inc. and their officers, agents, servants, employees, and attorneys, and 12 all other persons who are in active concert or participation therewith, are enjoined 13 from exercising those additional rights granted under the Amendment. 14 3. Respondents/Cross-Petitioners Al Copeland Investments, Inc. and 15 Comedy Club, Inc. have the right to use the trademarks "IMPROV" and 16 "IMPROVISATION" (the "Trademarks") on the Internet solely for the purpose of 17 advertising, marketing, and promoting their own "Improv"-branded comedy clubs. 18 4. Respondents/Cross-Petitioners Al Copeland Investments, Inc. and 19 Comedy Club, Inc. have the right to exploit the Trademarks on the Internet for the 20 purpose of advertising, marketing, and promoting any other "Improv"-branded 21 comedy clubs until further notice from Petitioner Improv West Associates. 22 5. Except as provided in Paragraphs 3 and 4, above, 23 Respondents/Cross-Petitioners Al Copeland Investments, Inc. and Comedy Club, Inc. 24 have the right to exploit the Trademarks on the Internet only as may hereafter be 25 agreed in writing between Petitioner/Cross-Respondent Improv West Associates and 26 Respondents/Cross-Petitioners Al Copeland Investments, Inc. and Comedy Club, Inc. 27 28 1 6. 2 IT IS SO ORDERED. Each party shall bear its own attorneys' fees and costs. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 07/12/12 Hon. Philip S. Gutierrez United States District Court

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