adidas AG et al v. Arriba Sports et al

Filing 93

PERMANENT INJUNCTION AGAINST DEFENDANTS ARRIBA SPORTS DOING BUSINESS AS SOCCER WAREHOUSE, ON CONSENT by Judge Stephen V. Wilson IT IS HEREBY ORDERED that: 1. Arriba Sports and all of its agents, officers, employees, representatives,successors, assigns, attorneys, and all other persons acting for, with, by, through, or under authority from Arriba Sports, or in concert or participation with Arriba Sports, and each of them, are PERMANENTLY ENJOINED and RESTRAINED from: ( MD JS-6. Case Terminated ) (pj)

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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

FILED
CLERK, U.S. DISTRICT COURT

Nov 26, 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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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

Case No. 2:14-cv-4184-SVW-JEM
(PROPOSED) PERMANENT
xxxxxxxxxxxxxxxx
INJUNCTION AGAINST
DEFENDANTS ARRIBA SPORTS
DOING BUSINESS AS SOCCER
WAREHOUSE, ON CONSENT

JS-6

(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.
Defendants.

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

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Sports d/b/a Soccer Warehouse (“Arriba Sports”), having consented to the terms of

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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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in connection with footwear and apparel, among other goods.

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2
(PROPOSED) PERMANENT INJUNCTION

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2.

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

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Arriba Sports was manufacturing, importing, distributing, marketing, promoting,

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offering for sale, and selling apparel bearing confusingly similar imitations of

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adidas’s federally registered Three-Stripe Mark (the “Infringing Apparel”).

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Photographs of representative examples of the Infringing Apparel are attached as

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Exhibit 1.

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3.

Arriba Sports accepted service of the Summons and Complaint on June

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25, 2014 (answer due July 16, 2014), but has not yet filed an Answer or any other

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pleading in response to adidas’s Complaint.

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4.

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

Arriba Sports, 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.

Arriba Sports and all of its agents, officers, employees, representatives,

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successors, assigns, attorneys, and all other persons acting for, with, by, through, or

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under authority from Arriba Sports, or in concert or participation with Arriba Sports,

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and each of them, are PERMANENTLY ENJOINED and RESTRAINED, from:
a.

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importing, manufacturing, producing, advertising, promoting,

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

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Apparel; and
b.

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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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2.

This Court shall have continuing jurisdiction to enforce the provisions

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of the permanent injunction entered herein.

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3
(PROPOSED) PERMANENT INJUNCTION

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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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26TH
November
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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(PROPOSED) PERMANENT INJUNCTION

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STIPULATED AND CONSENTED TO BY:

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ARRIBA SPORTS D/B/A SOCCER
WAREHOUSE
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ON BEHALF OF ADIDAS
AMERICAN

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STOCKTON LLP

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Name: Mukhtar Ahmed Choudry

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Title:

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___ _VL \<Z
.....

DENNIS L. WILSON
[e-mail]
CAROLINE Y. BUSSIN
CBussin@kilpatricktownsend, com
9720 Wiishire 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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oo

__________ 5

_______

(PROPOSED) PERMANENT INJUNCTION

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EXHIBIT 1

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(PROPOSED) PERMANENT INJUNCTION