Speculative Product Design LLC v. Peter Passaretti et al

Filing 20

PERMANENT INJUNCTION AGAINST DEFENDANTS PETER AND GAIL PASSARETTI and their agents. Each party shall bear its/his/her own attorneys fees and costs by Judge Dean D. Pregerson (MD JS-6. Case Terminated) (lc)

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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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SPECULATIVE PRODUCT DESIGN,
LLC, dba SPECK PRODUCTS, a
California Limited Liability Company,

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Plaintiff,

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Case No.: CV 13-06661 DDP (JEMx)
PERMANENT
INJUNCTION AGAINST
DEFENDANTS PETER AND GAIL
PASSARETTI

vs.
PETER PASSARETTI, an Individual,
GAIL PASSARETTI, an Individual, and
DOES 1-10, Inclusive,
Defendants.

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The Court, pursuant to the Stipulation For Entry of Permanent Injunction

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(“Stipulation”), between SPECULATIVE PRODUCT DESIGN, LLC, a

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California Limited Liability Company d/b/a SPECK PRODUCTS (“Plaintiff”), on
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the one hand, and Defendants PETER and GAIL PASSARETTI (collectively

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“Defendants”), on the other hand, hereby ORDERS, ADJUDICATES and

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DECREES that a permanent injunction shall be and hereby is entered against

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Defendant as follows:

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1.

PERMANENT INJUNCTION.

Defendants and any person or

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entity acting in concert with, or at their direction, including any and all agents,

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servants, employees, partners, assignees, distributors, suppliers, resellers and any

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others over which they may exercise control, are hereby restrained and enjoined,

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pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, or

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authorizing or assisting any third party to engage in, any of the following activities

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in the United States and throughout the world:

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a.

importing, exporting, marketing, selling, offering for sale,

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distributing or dealing in any product or service that uses, or otherwise making

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any use of, any of SPECK’s Trademarks, patents, and/or any Intellectual Property,

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including its SPECK® and CANDYSHELL® word and design marks, that is

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confusingly or substantially similar to, or that constitutes a colorable imitation of,

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any of SPECK’s Trademarks, whether such use is as, on, in or in connection with

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any trademark, service mark, trade name, logo, design, Internet use, website,

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domain name, metatags, advertising, promotions, solicitations, commercial

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exploitation, television, web-based or any other program, or any product or

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service, or otherwise;

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b.

performing or allowing others employed by or representing

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Defendants, or under their control, to perform any act or thing which is likely to

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injure Plaintiff, any of SPECK’s Trademarks, including its SPECK® word and

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design marks, its CANDYSHELL® word and design marks, patents, and/or

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Plaintiff’s business reputation or goodwill, including making disparaging,

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negative, or critical comments regarding Plaintiff or its products;

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c.

engaging in any acts of federal and/or state trademark
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infringement, false designation of origin, unfair competition, trademark dilution,

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patent, or any other act which would tend damage or injure Plaintiff; and/or
d.

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using any Internet domain name or website that includes any of

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SPECK’s Trademarks, including its SPECK® and/or CANDYSHELL® word and

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design marks.

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2.

Defendants are ordered to deliver immediately for destruction all

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unauthorized products, including counterfeit SPECK®-branded products and

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related products, labels, signs, prints, packages, wrappers, receptacles and

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advertisements relating thereto in their possession or under their control bearing

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any of Plaintiff’s Trademarks, patents, intellectual property or any simulation,

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reproduction, counterfeit, copy or colorable imitations thereof, to the extent that

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any of these items are in Defendants’ possession.

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3.

This Permanent Injunction shall be deemed to have been served upon

Defendants at the time of its execution by the Court.
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Defendants will be making an agreed-upon payment to Plaintiff, as

more particularly described in a separate Settlement Agreement
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NO APPEALS AND CONTINUING JURISDICTION.

No

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appeals shall be taken from this Permanent Injunction, and the parties waive all

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rights to appeal. This Court expressly retains jurisdiction over this matter to

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enforce any violation of the terms of this Permanent Injunction.

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6.

NO FEES AND COSTS. Each party shall bear its/his/her own

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attorneys’ fees and costs incurred in this matter.

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DATED: May 08, 2014

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HON. DEAN D. PREGERSON
United States District Judge
Central District of California

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