LeapFrog Enterprises Inc. v. Navystar Company Ltd et al

Filing 45

AMENDED FINAL JUDGMENT by Judge John F. Walter: Upon Stipulation 42 , Defendants and their partners, officers, agents, servants, employees, owners, representatives and all other persons, firms or corporations in active concert or participation with Defendants, shall immediately cease and permanently refrain from making (or having made), using, importing, offering for sale, or selling anywhere any products bearing the Accused Trade Dress, etc. Each party shall bear its own fees and costs. Re 43 . (See document for further details). (Case CLOSED.) (jp)

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Robert N Phillips (SBN 120970)
Email: [e-mail]
Reed Smith LLP
101 Second Street Suite 1800
San Francisco, CA 94105-3659
Telephone: [phone]
Facsimile: [phone]
Stuart A Shanus (SBN 188046)
Email: [e-mail]
Dominique Pietz (SBN 260716)
Email: [e-mail]
Reed Smith LLP
1901 Avenue of the Stars, Suite 700
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Otto O. Lee (SBN 173987)
[e-mail]
Kevin Viau (SBN 275556)
[e-mail]
Bonnie J. Wolf (SBN 284872)
[e-mail]
INTELLECTUAL PROPERTY LAW GROUP LLP
12 South First Street, 12th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

CLOSED

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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) Case No. 2:14-cv-06752-JFW-MAN
)
)
AMENDED
) [PROPOSED] FINAL JUDGMENT
Plaintiff,
xxxxxxxxxxxx
)
v.
)
NAVYSTAR COMPANY LTD., a Hong )
)
Kong Corporation; VICTOR G.
PETRONE & SON, INC., a California ) Judge John F. Walter
)
Corporation,
)
)
Defendants.
)
LEAPFROG ENTERPRISES, INC., a
Delaware corporation,

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[PROPOSED] FINAL JUDGMENT

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Upon consideration of the parties’ Stipulation for Entry of Consent Judgment

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and [Proposed] Final Judgment, and good cause appearing therefore, it is HEREBY
XXXXXX

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ADJUDGED ORDERED AND DECREED that final judgment is hereby entered as

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follows:

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1.

The Parties have reached an amicable settlement of this action. Neither

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the Parties’ settlement nor Stipulation for Entry of Consent Judgment shall be

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considered an admission of fault or liability by any Party;
2.

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Plaintiff is the owner of the distinctive and protectable trade dress,

examples of which are attached hereto as Exhibit A, containing all of the following
non-functional elements (the “Alleged Trade Dress”):

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a. A distinctive green background comprising most of the package;

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b. A bright orange circular shape, with white lettering inside, indicating the

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recommended age of product users;

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c. An irregularly shaped green circle with white shading and green text for the

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LeapFrog name; and

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d. Bubble style lettering, in orange, blue and white, for the product name;

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3.

Defendants have previously shipped to and sold to companies in the

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United States, including in this District, educational products for children using

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packaging, examples of which are attached hereto as Exhibit B (the “Accused Trade

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Dress”);

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4.

Defendants represent and warrant that their last shipment of products

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bearing the Accused Trade Dress to the United States took place on October 15,

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2014;

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5.

Defendants and their partners, officers, agents, servants, employees,

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owners, representatives and all other persons, firms or corporations in active concert

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or participation with Defendants, shall immediately cease and permanently refrain

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from making (or having made), using, importing, offering for sale, or selling

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anywhere any products bearing the Accused Trade Dress;
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[PROPOSED] FINAL JUDGMENT
XXXXXX

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6.

The Final Judgment shall be enforceable upon entry. The Parties

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hereby waive findings of fact, conclusions of law, a statement of decision and any

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right to set aside the Final Judgment, appeal therefrom, seek a new trial, or otherwise

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contest the validity of the Final Judgment;

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7.

This Court shall retain jurisdiction to enforce the terms of the Parties’

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settlement agreement, and resolve any disputes regarding compliance with the Final

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Judgment. Each party shall bear its own fees and costs.

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May 13, 2015
Date: ______________

_______________________________________
HONORABLE JOHN F. WALTER
UNITED STATES DISTRICT COURT JUDGE

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[PROPOSED] FINAL JUDGMENT
xxxxxxxxx

Case 2:14-cv-06752-JFW-MAN Document 1-1 Filed 08/28/14 Page 1 of 6 Page ID #:12

EXHIBIT A

EXHIBIT A
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Case 2:14-cv-06752-JFW-MAN Document 1-2 Filed 08/28/14 Page 1 of 4 Page ID #:18

EXHIBIT B

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XHIBIT B
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