adidas AG et al v. Arriba Sports et al

Filing 67

PERMANENT INJUNCTION AGAINST DEFENDANTS RAYMUNDOS SOCCER AND MARCOS GONZALEZ, INDIVIDUALLY AND DOING BUSINESS AS RAYMUNDOS SOCCER, ON CONSENT filed by Judge Stephen V. Wilson IT IS HEREBY ORDERED that:1. Raymundos Soccer and all of their agents, of ficers, employees,representatives, successors, assigns, attorneys, and all other persons acting for, with, by, through, or under authority from Raymundos Soccer, or in concert orparticipation with Raymundos Soccer, and each of them, are PERMANENTLY ENJOINED and RESTRAINED, from:(SEE ATTACHED FOR FURTHER DETAILS) The claims asserted in adidass Complaint are hereby dismissed with prejudice, with each party bearing its own costs, including attorneys fees. (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

AUG 19, 2014
CENTRAL DISTRICT OF CALIFORNIA

PMC

BY: ___________________ DEPUTY

R. CHARLES HENN, JR. (admitted Pro Hac Vice)
[e-mail]
CHARLES H. HOOKER III (admitted Pro Hac Vice)
[e-mail]
NICHOLE DAVIS CHOLLET (admitted Pro Hac Vice)
[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 RAYMUNDO’S
SOCCER AND MARCOS
GONZALEZ, INDIVIDUALLY AND
DOING BUSINESS AS
RAYMUNDO’S 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; SUPER
GROUP LA, INC.; 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

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Raymundo’s Soccer and Marcos Gonzalez, individually and doing business as

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Raymundo’s Soccer (collectively, “Raymundo’s Soccer”) having consented to the

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terms of the permanent injunction set 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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3,087,329, 3,183,656, 3,183,663, and 3,236,505. adidas uses the Three-Stripe Mark

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-2(PROPOSED) PERMANENT INJUNCTION

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in connection with footwear and apparel, among other goods.
2.

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

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Raymundo’s Soccer was manufacturing, importing, distributing, marketing,

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

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

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Apparel”). Photographs of representative examples of the Infringing Apparel are

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attached as Exhibit 1.

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3.

Raymundo’s Soccer accepted service of the Summons and Complaint

on June 10, 2014, but has not yet filed an Answer or any other pleading in response
to adidas’s Complaint.
4.

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

Raymundo’s Soccer, 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.

Raymundo’s Soccer 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 Raymundo’s Soccer, or in concert or

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participation with Raymundo’s Soccer, and each of them, are PERMANENTLY

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ENJOINED and 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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Apparel; 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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apparel bearing the Three-Stripe Mark or any other confusingly

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

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without limitation any apparel with one additional stripe (i.e.,

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

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-3(PROPOSED) PERMANENT INJUNCTION

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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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19th
August
IT IS SO ORDERED this ______ day of _________________, 2014.

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The Honorable Stephen V. Wilson

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United States District Court

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-4(PROPOSED) PERMANENT INJUNCTION

STIPULATED AND CONSENTED TO BY:
RAYMUNDO’S SOCCER

By:

CnoaYcxlo__ Li

Name: Marcos Gonzalez
Title: Owner
Date: July, 18, 2014
MARCOS GONZALEZ,
INDIVIDUALLY AND DOING
BUSINESS AS RAYMUNDO’S
SOCCER
By:

CnoiVta le^._ Lloy C O N

Name: Marcos Gonzalez
Date: July, 18, 2014

ON BEHALE OF ADIDAS
AME
DAS AG
IS L. WILSON
[e-mail]
CAROLINE Y. BUSSIN
[e-mail]
9720 Wilshire Blvd PH
Beverly Hills, CA 90212-2018
Telephoned 10-248-3830
Facsimile: 310-860-0363
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]

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EXHIBIT 1

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(PROPOSED) PERMANENT INJUNCTION