The Homer Laughlin China Company et al v. Housewares International Inc. et al

Filing 55

CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge John A. Kronstadt. WHEREAS, Homer Laughlin and HWI (together, the Parties)having now resolved this action based upon the terms set forth in the withinConsent Decree, the Parties hereby agree, and it hereby ORDERED,ADJUDGED and DECREED as follows:1. Within thirty (30) days following the Courts approval of this ConsentDecree, HWI will remit a payment in the amount of Thirty-Five Thousand Dollars($35,000.00) to The Homer Laughlin China Company . This payment shall be sentvia negotiable check representing good funds.2. HWI is permanently enjoined and restrained from willfully orintentionally infringing upon, or otherwise willfully or intentionally violating, thetrade dress and trademark rig hts of Homer Laughlin in the future, or undertaking any other willful act intended to confuse or deceive consumers into believing thatthe products that HWI offers for sale emanate from, or are connected with, HomerLaughlin.. ( MD JS-6. Case Terminated ) (See document for further details) (bp)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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11 THE HOMER LAUGHLIN CHINA
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COMPANY and HLC HOLDING,
INC.,

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CONSENT JUDGMENT AND
PERMANENT INJUNCTION

Plaintiffs,

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Case No. LA CV14-05875 JAK AJWx

JS-6

vs.

16 HOUSEWARES INTERNATIONAL

INC. and JOHN DOE, whose true name

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Defendants.

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CONSENT JUDGMENT AND PERMANENT INJUNCTION

HLCHII/CONSENT JMT/121114.4

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This Consent Decree is entered into by and among Plaintiffs The

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Homer Laughlin China Company (“THLCC”) and HLC Holding, Inc.

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(together, “Homer Laughlin”), and Defendant Housewares International Inc.

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(“HWI”).

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WHEREAS, Homer Laughlin filed a Complaint against HWI on July

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28, 2014 alleging that HWI, in offering for sale inferior copies of Fiesta®

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Dinnerware, violated Homer Laughlin’s trade dress rights and harmed

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Homer Laughlin’s reputation and goodwill;

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WHEREAS, Homer Laughlin pleaded five causes of action against

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HWI, as follows: unfair competition under the Lanham Act; unfair

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competition under California law; unjust enrichment; and dilution of the

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Fiesta® brand under both federal law and California law;

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WHEREAS, HWI offered judgment pursuant to Federal Rule of Civil
Procedure 68 on September 23, 2014;
WHEREAS, this Court has personal and subject matter jurisdiction
over this matter; and
WHEREAS, Homer Laughlin and HWI (together, the “Parties”)

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having now resolved this action based upon the terms set forth in the within

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Consent Decree, the Parties hereby agree, and it hereby ORDERED,

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ADJUDGED and DECREED as follows:

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1.

Within thirty (30) days following the Court’s approval of this Consent

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Decree, HWI will remit a payment in the amount of Thirty-Five Thousand Dollars

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($35,000.00) to The Homer Laughlin China Company. This payment shall be sent

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via negotiable check representing good funds.

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2.

HWI is permanently enjoined and restrained from willfully or

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intentionally infringing upon, or otherwise willfully or intentionally violating, the

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trade dress and trademark rights of Homer Laughlin in the future, or undertaking

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-2CONSENT JUDGMENT AND PERMANENT INJUNCTION

HLCHII/CONSENT JMT/121114.4

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any other willful act intended to confuse or deceive consumers into believing that

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the products that HWI offers for sale emanate from, or are connected with, Homer

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Laughlin.
3.

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Except for the obligations of HWI set forth in this Consent Decree,

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Homer Laughlin hereby releases and forever discharges HWI and its officers,

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directors, employees, agents, representatives, attorneys and accountants, and each

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of their successors and assigns, of and from all manner of causes of action, suits,

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debts, sums of money, promises, damages, judgments, claims and demands

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whatsoever, in law or in equity, arising out of any transaction or occurrence

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accruing or arising on or before the date of this Consent Decree.
4.

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Except for the obligations of Homer Laughlin set forth in this Consent

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Decree, HWI hereby releases and forever discharges Homer Laughlin and its

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officers, directors, employees, agents, representatives, attorneys and accountants,

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and each of their successors and assigns, of and from all manner of causes of

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action, suits, debts, sums of money, promises, damages, judgments, claims and

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demands whatsoever, in law or in equity, arising out of any transaction or

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occurrence accruing or arising on or before the date of this Consent Decree.
5.

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The provisions of this Consent Decree shall be binding upon and inure

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to the benefit of the Parties’ agents, officers, directors, attorneys, parents,

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subsidiaries, affiliates, successors, and assigns.
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This Court shall retain jurisdiction in order to enforce, as necessary,

the terms of this Consent Decree.
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Parties.

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This Consent Decree constitutes the entire agreement among the

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**SIGNATURES ON NEXT PAGE - PAGE 4**

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CONSENT JUDGMENT AND PERMANENT INJUNCTION

HLCHII/CONSENT JMT/121114.4

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IT IS SO ORDERED.
BY THE COURT:

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Dated: December 29, 2014

______________________________
Hon. John A. Kronstadt
United Stated District Judge

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The parties hereby consent to the entry of the foregoing Consent Judgment
and Permanent Injunction.

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HOUSEWARES INTERNATIONAL,
INC.

THE HOMER LAUGHLIN CHINA
8 COMPANY AND HLC HOLDING,
INC.
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By: ____________________________

By: ____________________________

JOSEPH WELLS III, Chairman of the
Board, The Homer Laughlin China
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Company
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SEAN SOLOUKI, Chief Executive
Officer, Housewares International, Inc.

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APPROVED AS TO FORM AND CONTENT:

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LAW OFFICES OF RICHARD C.
16 SPENCER

SCHAFFER, LAX, MCNAUGTON
& CHEN

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By: /s/__________________________
John H. Horwitz

By: /s/_________________________
Richard C. Spencer
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Attorneys for Plaintiffs, The Homer
Laughlin China Company and HLC
Holding, Inc.

Attorneys for Defendant
Housewares International Inc.

Richard C. Spencer, the filer hereof,
attests that all other signatories listed
hereon on whose behalf this filing is
submitted have concurred in the
content and have authorized the filing
of this document

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CONSENT JUDGMENT AND PERMANENT INJUNCTION