City of Beverly Hills v. JT Brands, Inc.

Filing 35

ORDER GRANTING STIPULATED INJUNCTION re plaintiff's Shield Mark or LBHXXMark against defendnnt JT BRANDS, INC. and its agents etc. No bonds shall be posted. (SEE DOCUMENT FOR SPECIFICS) by Judge S. James Otero (lc)

1 Donald L. Samuels (CA State Bar No. 126287)

[e-mail]

November 2, 2015.

2 BRYAN CAVE LLP

VC
P

3 120 Broadway, Suite 300
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San Francisco, CA 94105

Bryan Cave LLP

560 Mission Street, 25th Floor

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Santa Monica, CA 90401-2386
Telephone: [phone]
Facsimile: [phone]
Katherine Keating (CA State Bar No. 217908)
[e-mail]
BRYAN CAVE LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105-2994
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and Counterdefendant
CITY OF BEVERLY HILLS

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION – LOS ANGELES

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14 CITY OF BEVERLY HILLS,

Plaintiff,

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v.

17 JT BRANDS, INC.,
Defendant.
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19 JT BRANDS, INC.,

Counterclaimant and ThirdParty Plaintiff,

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NO -JS-6

Case No. CV-14-04662-SJO-JC
Hon. Judge S. James Otero
ORDER GRANTING STIPULATED
INJUNCTION
Complaint filed:

June 17, 2014

Counterclaims filed:

Aug. 28, 2014

v.

22 CITY OF BEVERLY HILLS,
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Counterdefendant,

24 BEVERLY HILLS CHAMBER OF

COMMERCE AND CIVIC

25 ASSOCIATION, et al.,
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Third-Party Defendants.

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[PROPOSED] ORDER GRANTING STIPULATED INUNCTION

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The Court, having considered the Stipulated Injunction of Plaintiff City of

2 Beverly Hills (the “City”) and defendant JT Brands, Inc. (“JTB”) with respect to the
3 City’s Shield trademark depicted below (the “Shield Mark”)
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8 and the LOVE BEVERLY HILLS XX mark (both in word form and in the

10 Civic Association (the “LBHXX Mark”)
San Francisco, CA 94105

560 Mission Street, 25th Floor

Bryan Cave LLP

9 stylization depicted below) owned by the Beverly Hills Chamber of Commerce and

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and good cause appearing,
IT IS HEREBY ORDERED that the Stipulated Injunction is APPROVED,
and IT IS FURTHER ORDERED that:
1.

JTB, its owners, principals, officers, agents, subcontractors, employees,

legal representatives, successors-in-interest, and assigns are permanently enjoined
and restrained from directly or indirectly doing any of the following:
a.

Using the Shield Mark or LBHXX Mark in connection with the

manufacturing, importing, exporting, distributing, licensing, selling, marketing,
advertising, promoting, or offering for sale of any goods or services;
b.

Performing any act likely to tarnish or dilute the distinctive

quality of the Shield Mark;
c.

Registering or seeking to register the Shield Mark or LBHXX

Mark with any domestic or foreign agency, including but not limited to the United
States Patent and Trademark Office (“USPTO”);

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[PROPOSED] ORDER GRANTING STIPULATED INUNCTION

d.

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Challenging or assisting others in challenging, either directly or

2 indirectly, the validity, ownership, or enforceability of the Shield Mark or LBHXX
3 Mark in any U.S. court (state or federal) or other tribunal of the world, including but
4 not limited to the USPTO.
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2.

This Stipulated Injunction shall inure to the benefit of the City and its

6 successors and assigns and will be binding on JTB’s successors and assigns.
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3.

No bond shall be posted in connection with this Stipulated Injunction.

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San Francisco, CA 94105

560 Mission Street, 25th Floor

Bryan Cave LLP

9 IT IS SO ORDERED.

11 Dated: November 2, 2015
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By:_________________________________
The Honorable S. James Otero
United States District Court

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[PROPOSED] ORDER GRANTING STIPULATED INUNCTION