Mad Dogg Athletics, Inc. v. Fitness Master, Inc.

Filing 50

CONSENT JUDGMENT by Judge Christina A. Snyder: Plaintiff, Mad Dogg Athletics, Inc., and defendant, Fitness Master, Inc. have agreed in a separate agreement to settlement of the matter in issue between them and to entry of this judgment. The Parties shall bear their own attorneys' fees and costs. See document for further details. (gk)

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Theodore S. Maceiko (SBN 150211)
[e-mail]
MACEIKO IP
3770 Highland Avenue, Suite 207
Manhattan Beach, California 90266
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff/Counter-Defendant
Mad Dogg Athletics, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MAD DOGG ATHLETICS, INC.,
a California corporation,
Plaintiff,
v.
FITNESS MASTER, INC.,
a Texas corporation,
Defendant.

Case No. 2:15-cv-02616-CAS-JCG
Assigned for all purposes to
Judge Christina A. Snyder
[PROPOSED] CONSENT
JUDGMENT

FITNESS MASTER, INC.,
a Texas corporation,
Counter-Claimant,
v.
MAD DOGG ATHLETICS, INC.,
a California corporation,
Counter-Defendant.

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WHEREAS plaintiff, Mad Dogg Athletics, Inc. (“Mad Dogg”), and

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defendant, Fitness Master, Inc. (“FMI”) have agreed in a separate agreement to

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settlement of the matter in issue between them and to entry of this judgment, it is

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ORDERED, ADJUDGED AND DECREED THAT:

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1.

Mad Dogg alleged claims for Patent Infringement.

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2.

The Court has jurisdiction over the parties in this action and over the

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subject matter in issue based on 28 U.S.C. §§ 1331 and 1338(a). The Court further

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has continuing jurisdiction to enforce the terms and provisions of the Consent

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Judgment. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b) and (c)

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and 1400(b).

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3.

Mad Dogg is a corporation incorporated under the laws of the State of

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California, and has its principal place of business at 2111 Narcissus Court, Venice,

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California 90291.

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4.

11419 Mathis, Suite 200, Farmers Branch, Texas 75234.

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FMI is a Texas corporation having a principal place of business at

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FMI has imported, made, used, sold, offered for sale or distributed

certain indoor cycling bikes and denies any wrongdoing or infringement.

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6.

Mad Dogg is the owner of U.S. Patent Nos. 6,155,958; 6,468,185;

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6,881,178; 7,455,627 and 8,057,364, which were valid and enforceable during their

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term.

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7.

Mad Dogg is the owner of U.S. Patent Nos. 6,669,603 and 7,419,458

which are valid and enforceable.
8.

Mad Dogg is the owner of U.S. Trademark Registration No. 2,173,202

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for the standard word mark, SPIN, which is valid and enforceable, throughout the

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United States and which has become incontestible pursuant to 15 U.S.C. § 1065.

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9.

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IT IS SO ORDERED.

The Parties shall bear their own attorneys’ fees and costs.

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Dated: November 24, 2015
United States District Judge

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Approved as to form and content:

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MACEIKO IP

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By:

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/Theodore S. Maceiko/
Theodore S. Maceiko

Attorneys for Plaintiff
Mad Dogg Athletics, Inc.

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Dated: November 19, 2015

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BRUCE STONE LLP
WILLENKEN WILSON LOH & DELGADO LLP

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By:

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/Chia-li Shih Bruce/
Chia-li Shih Bruce

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Attorneys for Defendant
Fitness Master, Inc.

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Dated: November 19, 2015

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