adidas AG et al v. Arriba Sports et al

Filing 53

PERMANENT INJUNCTION AGAINSTDEFENDANTS MUNDO DEPORTIVO ZAVA IMPORTS INC., DOING BUSINESS AS ARZA SOCCER, AND ARTURO ZAVALA, INDIVIDUALLY AND DOING BUSINESS AS MUNDO DEPORTIVO ZAVA IMPORTS INC. AND ARZA SOCCER, ONCONSENT filed by Judge Stephen V. Wi lson Mundo Deportivo and all of their agents, officers, employees, representatives, successors, assigns, attorneys, and all other persons acting for, with, by, through, or under authority from Mundo Deportivo, or in concert or participation with Mundo Deportivo, and each of them, are PERMANENTLY ENJOINED andRESTRAINED, from (see attached for further details) (pj)

FILED
CLERK, U.S. DISTRICT COURT

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KILPATRICK TOWNSEND & STOCKTON LLP
DENNIS L. WILSON (State Bar No. 5407)
[e-mail]
CAROLINE Y. BUSSIN (State Bar No. 239343)
[e-mail]
9720 Wilshire Blvd PH
Beverly Hills, CA 90212-2018
Telephone:[phone]
Facsimile: 310-860-0363

JUL 23, 2014

CENTRAL DISTRICT OF CALIFORNIA

PMC

BY: ___________________ DEPUTY

NO JS-6

R. CHARLES HENN, JR.
[e-mail]
CHARLES H. HOOKER III
[e-mail]
NICHOLE DAVIS CHOLLET
[e-mail]
1100 Peachtree Street, Suite 2800
Atlanta, GA 30309-4530
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ADIDAS AG AND ADIDAS AMERICA, INC.

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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ADIDAS AG AND ADIDAS
AMERICA, INC.,

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Case No. 2:14-cv-4184-SVW-JEM
(PROPOSED)
XXXXXXXXXXXXX

Plaintiff,
v.
ARRIBA SPORTS, DOING
BUSINESS AS SOCCER
WAREHOUSE; JOHN DOE,
INDIVIDUALLY AND DOING
BUSINESS AS ARRIBA SPORTS
AND SOCCER WAREHOUSE;
MUNDO DEPORTIVO ZAVA
IMPORTS INC., DOING BUSINESS
AS ARZA SOCCER; ARTURO
ZAVALA, INDIVIDUALLY AND
DOING BUSINESS AS MUNDO
DEPORTIVO ZAVA IMPORTS INC.
AND ARZA SOCCER; MAPLE
SPORTS INC.; IMRAN JAVED,
INDIVIDUALLY AND DOING
BUSINESS AS MAPLE SPORTS

PERMANENT
INJUNCTION AGAINST
DEFENDANTS MUNDO
DEPORTIVO ZAVA IMPORTS
INC., DOING BUSINESS AS ARZA
SOCCER, AND ARTURO ZAVALA,
INDIVIDUALLY AND DOING
BUSINESS AS MUNDO
DEPORTIVO ZAVA IMPORTS
INC. AND ARZA SOCCER, ON
CONSENT

(PROPOSED) PERMANENT INJUNCTION

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INC.; MECA IMPORTS, INC.,
DOING BUSINESS AS MEGA
SOCCER; NAJAM JAVED,
INDIVIDUALLY AND DOING
BUSINESS AS MECA IMPORTS,
INC. AND MEGA SOCCER;
RAYMUNDO’S SOCCER; MARCOS
GONZALEZ, INDIVIDUALLY AND
DOING BUSINESS AS
RAYMUNDO’S SOCCER; COOL
WHOLESALE; JOHN DOE,
INDIVIDUALLY AND DOING
BUSINESS AS COOL
WAREHOUSE; EQUIPE IMPORTS,
INC.; FIDEL GONZALEZ,
INDIVIDUALLY AND DOING
BUSINESS AS EQUIPE IMPORTS,
INC.; G SPORTS; GHALIB SROUR,
INDIVIDUALLY AND DOING
BUSINESS AS G SPORTS; RIMAB
SPORTS, DOING BUSINESS AS
RIMABSPORTS.COM; JOHN DOE
INDIVIDUALLY AND DOING
BUSINESS AS RIMAB SPORTS
AND RIMABSPORTS.COM;
SUPERGROUP LA; AND
EDGARDO LOPEZ,
INDIVIDUALLY AND DOING
BUSINESS AS SUPER GROUP LA,
INC.

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Defendants.

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Having considered the Complaint on file in this action, and Defendants Mundo

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Deportivo Zava Imports Inc. d/b/a Arza Soccer and Arturo Zavala, individually and

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doing business as Mundo Deportivo Zava Imports Inc. and Arza Soccer (collectively,

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“Mundo Deportivo”) having consented to the terms of the permanent injunction set

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forth below, this Court hereby finds as follows:

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1.

Plaintiffs adidas America, Inc. and adidas AG (collectively, “adidas”)

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own and extensively use the Three-Stripe trademark (the “Three-Stripe Mark”),

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which is covered by valid U.S. Trademark Registration Nos. 870,136, 961,353,

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1,815,956, 1,833,868, 2,016,963, 2,058,619, 2,278,589, 2,278,591, 2,284,308,

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2,909,861, 2,999,646, 3,029,127, 3,029,129, 3,029,135, 3,063,742, 3,063,745,

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-2(PROPOSED) PERMANENT INJUNCTION

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3,087,329, 3,183,656, 3,183,663, and 3,236,505. adidas uses the Three-Stripe Mark

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in connection with footwear and apparel, among other goods.

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2.

On May 30, 2014, adidas filed a Complaint claiming, inter alia, that

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Mundo Deportivo was manufacturing, importing, distributing, marketing, promoting,

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offering for sale, and selling footwear and apparel bearing confusingly similar

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imitations of adidas’s federally registered Three-Stripe Mark (the “Infringing

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Merchandise”). Photographs of representative examples of the Infringing

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Merchandise are attached as Exhibit 1.

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3.

Mundo Deportivo accepted service of the Summons and Complaint, but

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have not yet filed an Answer or any other pleading in response to adidas’s

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Complaint.

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4.

The Court has jurisdiction over the subject matter of this action and over

Mundo Deportivo, and venue in this action is proper in this judicial district.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Mundo Deportivo and all of their agents, officers, employees,

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representatives, successors, assigns, attorneys, and all other persons acting for, with,

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by, through, or under authority from Mundo Deportivo, or in concert or participation

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with Mundo Deportivo, and each of them, are PERMANENTLY ENJOINED and

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RESTRAINED, from:

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a.

importing, manufacturing, producing, advertising, promoting,

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displaying, distributing, offering for sale, or selling the Infringing

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Merchandise; and

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b.

importing, manufacturing, producing, advertising, promoting,

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displaying, distributing, offering for sale, or selling any other

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footwear or apparel bearing the Three-Stripe Mark or any other

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confusingly similar imitation of adidas’s Three-Stripe Mark,

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including without limitation any footwear or apparel with one

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-3(PROPOSED) PERMANENT INJUNCTION

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additional stripe (i.e., four stripes) or less one of the three stripes

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(i.e, two stripes).

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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.

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July
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IT IS SO ORDERED this ______ day of _________________, 2014.

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The Honorable Stephen V. Wilson
United States District Court

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-4(PROPOSED) PERMANENT INJUNCTION

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STIPULATED AND CONSENTED TO BY:
MUNDO DEPORTIVO ZAVA
IMPORTS INC. D/B/A ARZA
SOCCER

ON BEHALE OP ADIDAS
AMERICA, IN

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By:

, ..A ..--—O '

6 Name: A fC T U t e O
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Title:

- A t / 7? t t)

£> £Y v, 7 ______

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Date:

i A 1 f / C/ L
J

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ARTURO ZAVALA,
INDIVIDUALLY AND DOING
BUSINESS AS MUNDO
DEPORTIVO ZAVA IMPORTS INC.
AND ARZA SOCCER

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By:

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■.-' ix

^

Name: Arturo Zavala

[e-mail]
CAROLINE Y. BUSSIN
[e-mail]
9720 Wilshire Blvd PEI
Beverly Hills, CA 90212-2018
Telephoned 10-248-3830
Facsimile: 310-860-0363
R. CHARLES IIENN, JR.
cHenn@kilp atr ickto wnsend. com
CHAREESTI. HOOKER III
chooker@kilpatriclcto wnsend. com
NICHOLE DAVIS CHOLLET
[e-mail]
1100 Peachtree Street, Suite 2800
Atlanta, GA 30309-4530
Telephone: [phone]
Facsimile: [phone]

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Date:

J U L-iJ / ^ 1 ] ~'2-o/'■
]

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_________________ 5_________________
(PROPOSED) PERMANENT INJUNCTION

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EXHIBIT 1

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-6(PROPOSED) PERMANENT INJUNCTION