Sid Dickens Inc v. Rodney F Decker et al

Filing 28

JUDGMENT AND PERMANENT INJNUNCTION AGAINST PAMELA JOY POLLACK by Judge Dale S. Fischer: JUDGMENT IS ENTERED AS FOLLOWS as to all claims asserted by SDI in this action against Defendant Pamela Joy Pollack (aka Pamela de Somov, Pamela Desomov, Pamela S omov, Pamela Joy Westerline, Laurent Gelbart, Lauren Decker and Jaunita Nancy Sims) (hereinafter referred to as "Pollack"): Judgment shall be entered in favor of SDI and against Pollack. Pollack shall pay SDI's reasonable attorneys fees and costs in the amount of $14,401.65 with interest.This Court shall retain jurisdiction concerning enforcement of this Judgment and Permanent Injunction. (MD JS-6, Case Terminated). (ir)

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JS 6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SID DICKENS, INC.
Plaintiff,
vs.

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JUDGMENT AND PERMANENT
INJNUNCTION AGAINST
PAMELA JOY POLLACK

RODNEY F. DECKER, an individual,
LAUREN P. GELBART an individual,
and PAMELA JOY POLLACK, an
individual,

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Case No. CV12-07682 DSF (SSx)

Defendants.

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Pursuant to Rule 55(b) of the Federal Rules of Civil Procedure, and for

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good cause showing, JUDGMENT IS ENTERED AS FOLLOWS as to all claims

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asserted by SDI in this action against Defendant Pamela Joy Pollack (aka Pamela

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de Somov, Pamela Desomov, Pamela Somov, Pamela Joy Westerline, Laurent

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Gelbart, Lauren Decker and Jaunita Nancy Sims) (hereinafter referred to as

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“Pollack”):

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1.

This Court has jurisdiction over SDI and Pollack and of the subject

matter of this action.

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2.

Venue is proper in this judicial district.

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3.

SDI is the owner of the following valid and enforceable United

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States Trademark Registrations:

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Registration No.
3,573,161

Mark
SID DICKENS

Goods
Tiles, namely artistic wall tiles
primarily of plaster, clay, gypsum,
glass, ceramic or earthenware.

4,088,345

MEMORY BLOCK

Tiles, namely artistic wall tiles.

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4.

SDI owns existing common law trademark rights in the mark:

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This mark and the marks identified in SDI’s U.S. Trademark Registrations are

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referred to as “SDI Marks” for purposes of this Judgment.

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5.

SDI owns trade dress rights in the overall look of its collectible wall

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plaques (“Memory Blocks”) including the size, shape, designs, and relative

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dimensions of the various components or features that contribute to the overall

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appearance. These trade dress rights are referred to as “SDI Trade Dress” for

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purposes of this Judgment.

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6.

The SDI Marks and SDI Trade Dress are distinctive, either by virtue

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of being inherently distinct or through the acquisition of secondary meaning. The

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SDI Trade Dress is distinctive because it has acquired secondary and is

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nonfunctional.

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7.

Pollack, with full knowledge of SDI’s business and SDI’s rights in

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these trademarks, has conducted business and has advertised, offered for sale and

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sold, in this District and elsewhere, cheap, knock-off, counterfeit Memory Blocks

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using SDI’s trademarks and marks that are confusingly similar to SDI’s

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trademarks. The sale of products with marks that are identical or confusingly

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similar to the SDI Marks and trade dress that is identical or confusingly similar to

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the SDI Trade Dress, alone or in combination with other words and other items, is

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likely to cause confusion that accused goods and services emanate from or are

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sponsored or authorized by SDI.

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Pollack and all other persons, firms or entities acting in concert or

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participating with her, are hereby permanently enjoined, directly or indirectly,

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from:

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a. using any of the SDI Marks or any marks confusingly similar

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thereto, or any colorable imitation thereof, in connection with

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the marketing, promotion, advertising, offer for sale, or sale of

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any products;

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b. using any simulation, reproduction, counterfeit, copy, or

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colorable imitation of SDI Trade Dress in connection with the

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offer for sale or sale of wall plaques;

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c. engaging in any other activity constituting an infringement of

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any of the SDI Marks or SDI Trade Dress or constituting any

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infringement of SDI’s rights in or right to use or exploit the

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SDI Marks or SDI Trade Dress;

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d. using any false designation of origin or false description which

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can or is likely to lead the public, or individual members
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thereof, erroneously to believe that any product or service was

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or is circulated, displayed, distributed, offered for sale, sold,

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manufactured, licensed, sponsored, approved, or authorized by

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or for SDI, when such is not true in fact; and

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e. inducing, assisting, aiding, or abetting any other person or

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business entity in engaging in or performing any of the

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activities referred to in subparagraphs 8(a) through 8(d) above.

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9.

Judgment shall be entered in favor of SDI and against Pollack

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10.

Pollack shall pay SDI’s reasonable attorneys’ fees and costs in the

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amount of $14,401.65 with interest.
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This Court shall retain jurisdiction concerning enforcement of this

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Judgment and Permanent Injunction.

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IT IS SO ORDERED.

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5/9/13
Dated:
Hon. Dale S. Fischer
United States District Judge

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