Adidas America Inc et al v. Soccer and Soccer Inc et al

Filing 44

PERMANENT INJUNCTION AGAINST DEFENDANT GLORY TRADING ON CONSENT filed by Judge George H. Wu IT IS HEREBY ORDERED that:1. Glory Trading and all of their agents, officers, employees, are PERMANENTLY ENJOINED and RESTRAINED, from (SEE ATTACHED FOR FURTHER DETAILS) The claims asserted in adidass Complaint are hereby dismissed withprejudice, with each party bearing its own costs, including attorneys fees. against defendant Glory Trading Inc (pj)

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1 2 3 4 5 6 7 8 9 10 11 KILPATRICK TOWNSEND & STOCKTON LLP DENNIS WILSON (Bar No. 155407) DWilson@kilpatricktownsend.com 9720 Wilshire Blvd PH Beverly Hills, CA 90212-2018 Telephone: 310-248-3830 Facsimile: 310-860-0363 KILPATRICK TOWNSEND & STOCKTON LLP R. Charles Henn Jr. (admitted Pro Hac Vice) CHenn@ KilpatrickTownsend.com Charles H. Hooker III (admitted Pro Hac Vice) CHooker@ KilpatrickTownsend.com Nichole Davis Chollet (admitted Pro Hac Vice) NChollet@ KilpatrickTownsend.com 1100 Peachtree Street, Suite 2800 Atlanta, GA 30309-4530 Telephone: (404) 815-6500 Facsimile: (404) 815-6555 Attorneys for Plaintiff ADIDAS AG AND ADIDAS AMERICA, INC. 12 13 UNITED STATES DISTRICT COURT 14 FOR THE CENTRAL DISTRICT OF CALIFORNIA 15 16 ADIDAS AMERICA, INC., a Delaware corporation, and ADIDAS AG, a German corporation, 17 18 19 Plaintiffs, v. 25 PERMANENT INJUNCTION AGAINST DEFENDANT GLORY TRADING ON CONSENT SOCCER AND SOCCER, INC., a California corporation, SAGHIR SPALL, individually and d/b/a SOCCER AND SOCCER, MAPLE SPORTS INC. a California corporation, PREMIER SOCCER INC., a California corporation, RICARDO RAMOS, individually and d/b/a PREMIER SOCCER. GLORY TRADING INC, a California corporation AND MARIO SPORTS. a California Corporation 26 Case No. CV-13-7148-GW(VBKx) Defendants. 20 21 22 23 24 27 28 (PROPOSED) PERMANENT INJUNCTION AGAINST DEFENDANT GLORY TRADING INC. ON CONSENT 1 Having considered the Complaint on file in this action, and Glory Trading Inc. 2 (“Glory Trading”) having consented to the terms of the permanent injunction set 3 forth below, this Court hereby finds as follows: 4 1. Plaintiffs adidas America, Inc. and adidas AG (collectively, “adidas”) 5 own and extensively use the Three-Stripe trademark (the “Three-Stripe Mark”), 6 which is covered by valid U.S. Trademark Registration Nos. 870,136, 961,353, 7 1,815,956, 1,833,868, 2,016,963, 2,058,619, 2,278,589, 2,278,591, 2,284,308, 8 2,909,861, 2,999,646, 3,029,127, 3,029,129, 3,029,135, 3,063,742, 3,063,745, 9 3,087,329, 3,183,656, 3,183,663, and 3,236,505. adidas uses the Three-Stripe Mark 10 11 in connection with footwear and apparel, among other goods. 2. On September 26, 2013, adidas filed a Complaint claiming, inter alia, 12 that Glory Trading were manufacturing, importing, distributing, marketing, 13 promoting, offering for sale, and selling apparel bearing confusingly similar 14 imitations of adidas’s federally registered Three-Stripe Mark (the “Infringing 15 Apparel”). Photographs of representative examples of the Infringing Apparel are 16 attached as Exhibit 1. 17 3. Glory Trading Inc. accepted service of the Summons and Complaint, 18 but have not yet filed an Answer or any other pleading in response to adidas’s 19 Complaint. 20 4. On October 25, 2013, the Court entered an order granting adidas’s 21 motion for a preliminary injunction, finding adidas has shown a likelihood of success 22 on the merits of its trademark infringement claims and enjoining Defendants from 23 continuing to infringe adidas’s Three-Stripe Mark. 24 25 5. The Court has jurisdiction over the subject matter of this action and over Glory Trading, and venue in this action is proper in this judicial district. 26 27 28 -2(PROPOSED) PERMANENT INJUNCTION AGAINST DEFENDANT GLORY TRADING INC. ON CONSENT 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Glory Trading and all of their agents, officers, employees, 3 representatives, successors, assigns, attorneys, and all other persons acting for, with, 4 by, through, or under authority from Glory Trading, or in concert or participation 5 with Glory Trading, and each of them, are PERMANENTLY ENJOINED and 6 RESTRAINED, from: 7 a. importing, manufacturing, producing, advertising, promoting, 8 displaying, distributing, offering for sale, or selling the Infringing 9 Apparel; 10 b. importing, manufacturing, producing, advertising, promoting, 11 displaying, distributing, offering for sale, or selling any other 12 apparel bearing the Three-Stripe Mark or any other confusingly 13 similar imitation of adidas’s Three-Stripe Mark, including 14 without limitation any apparel with one additional stripe (i.e., 15 four stripes) or less one of the three stripes (i.e, two stripes); 16 17 18 19 2. This Court shall have continuing jurisdiction to enforce the provisions of the permanent injunction entered herein. 3. The claims asserted in adidas’s Complaint are hereby dismissed with prejudice, with each party bearing its own costs, including attorneys’ fees. 20 21 IT IS SO ORDERED this 5th day of May, 2014. 22 23 24 The Honorable George H. Wu United States District Judge 25 26 27 28 -3(PROPOSED) PERMANENT INJUNCTION AGAINST DEFENDANT GLORY TRADING INC. ON CONSENT 1 2 3 Presented by: 4 5 KILPATRICK TOWNSEND & STOCKTON LLP 6 7 By: 8 /s/ Nichole Davis Chollet NICHOLE DAVIS CHOLLET Attorneys for Plaintiff 9 ADIDAS AG and ADIDAS AMERICA, INC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4(PROPOSED) PERMANENT INJUNCTION AGAINST DEFENDANT GLORY TRADING INC. ON CONSENT 1 EXHIBIT 1 2 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 -5(PROPOSED) PERMANENT INJUNCTION AGAINST DEFENDANT GLORY TRADING INC. ON CONSENT 1 2 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 -6(PROPOSED) PERMANENT INJUNCTION AGAINST DEFENDANT GLORY TRADING INC. ON CONSENT

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