The Winsford Corporation v. Global Equipment Company Inc

Filing 8

STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge Ronald S.W. Lew.IT IS HEREBY ORDERED, by this Court, that: The Court has jurisdiction over the parties and the subject matter of the dispute and the Settlement Agreement. Winsford is the o wner of a design ("Design Mark"), and that Design Mark is protected by United States Trademark No. 1,682,820 and California Registered Trademark No. 90,138. Winsford owns all right, title, and interest in the Design Mark and the Trademark Registrations. The Trademark Registrations are valid, enforceable, and subsisting. GEC, its agents, etc., and those in active concert or participation with any of them shall be, and hereby are permanently enjoined from using any design or mark that is identical to or confusingly similar to the Design Mark, including those designs specifically identified in the Complaint 1 . (MD JS-6. Case Terminated) (lom)

JS-6
M. John Carson (SBN 41285)
e-mail: [e-mail]
2 FOLEY & LARDNER LLP
555 South Flower Street, Suite 3500
3 Los Angeles, CA 90071-2411
Telephone: [phone]
4 Facsimile: 213.486.0065
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Attorneys for Plaintiff
THE WINSFORD CORPORATION

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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THE WINSFORD
CORPORATION

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Plaintiff,
vs.

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GLOBAL EQUIPMENT
COMPANY INC.
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Defendant.
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Case No: CV12-03676 RSWL (PJWx)
STIPULATED CONSENT JUDGMENT
AND PERMANENT INJUNCTION
Judge: Hon. Ronald S.W. Lew
Complaint Filed: April 27, 2012

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WHEREAS, plaintiff The Winsford Corporation (“Winsford”) and

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defendant Global Equipment Company Inc. (“GEC”) have entered into a

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Settlement Agreement of all matters here in controversy and have agreed that all

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claims asserted in this action should consequently be terminated with an injunction

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against GEC,

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IT IS HEREBY STIPULATED, by the parties, through their counsel, AND
IT IS HEREBY ORDERED, by this Court, that:
1. The Court has jurisdiction over the parties and the subject matter of the
dispute and the Settlement Agreement.
2. Winsford is the owner of a design (“Design Mark”), and that Design
Mark is protected by United States Trademark No. 1,682,820 and California

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STIPULATED JUDGMENT
CASE NO: CV12-3676 RSWL (PJWX)
4815-4304-3855.1

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Registered Trademark No. 90,138 (“Trademark Registrations”). Winsford owns

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all right, title, and interest in the Design Mark and the Trademark Registrations.

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The Trademark Registrations are valid, enforceable, and subsisting.

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3. GEC, its agents, servants, employees, affiliates, successors-in-interest and

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those in active concert or participation with any of them shall be, and hereby are

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permanently enjoined from using any design or mark that is identical to or

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confusingly similar to the Design Mark, including those designs specifically

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identified in the Complaint [Dkt. No. 1]. As part of this injunction:

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(a) GEC shall not make, have made, use, import, offer for sale,

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advertise, sell or otherwise make available any product whose

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design is identical to or confusingly similar to the Design Mark;

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(b) GEC shall not assist or induce any other person or entity to make,

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have made, use, import, offer for sale, advertise, sell or otherwise

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make available any product whose design is identical to or

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confusingly similar to the Design Mark;

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(c) GEC shall replace the Accused Depictions on its website (as

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identified in the Complaint) with images such as those shown in

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Exhibit A hereto that make clear that the applicable products do

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not have a design that is confusingly similar to the Design Mark.

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4. This Court shall retain jurisdiction to consider and determine any breach

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of the Settlement Agreement entered into between the parties hereto and those

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parties agree that any matter arising out of or relating to that Settlement Agreement

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shall be litigated in this Court.

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IT IS SO ORDERED.

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Dated: June 26, 2012

RONALD S.W. LEW
________________________

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Hon. Ronald S.W. Lew

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Senior, U.S. District Court Judge

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STIPULATED JUDGMENT
CASE NO: CV12-3343 RSWL (PJWX)
4815-4304-3855.1