Academy of Motion Picture Arts and Sciences v. Lash Fary et al

Filing 13

ORDER GRANTING PERMANENT INJUNCTION AND FINAL JUDGMENT by Judge Manuel L. Real: Upon Stipulation 12 , Defendants Lash Fary d/b/a Distinctive Assets and Distinctive Assets LLC, and their agents, servants, and employees, and all personsacting thereunder, in concert therewith, or on Defendants' behalf, are herebyENJOINED re Academy's Marks, etc. See document for details. (MD JS-6, Case Terminated). (gk)

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QUINN EMANUEL URQUHART & SULLIVAN, LLP
John B. Quinn (SBN 90378)
[e-mail]
865 S. Figueroa St, 10th Floor
Los Angeles, CA 90017
Tel: [phone]
Fax: [phone]

JS-6

 Margret M. Caruso (SBN 243473)
 Michael F. LaFond (SBN 303131)

555 Twin Dolphin Drive

 Redwood City, CA 94065
 Tel: [phone]


Fax: [phone]
Attorneys for Plaintiff

 The Academy of Motion Picture Arts and


Sciences

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

 ACADEMY OF MOTION PICTURE
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ARTS AND SCIENCES, a California
nonprofit corporation,

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vs.

 LASH FARY d/b/a DISTINCTIVE
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ORDER GRANTING PERMANENT
INJUNCTION AND FINAL
JUDGMENT

Plaintiff,

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CASE NO. 2:16-cv-1061-R

Judge:
Courtroom:

Hon. Manuel L. Real
8, Second Floor

ASSETS a/k/a DISTINCTIVE ASSETS
LLC

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

Defendant.

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[PROPOSED] ORDER GRANTING STIPULATION AND CONSENT TO JUDGEMENT

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Plaintiff Academy of Motion Arts and Sciences (the “Academy”) together

3 with Lash Fary d/b/a Distinctive Assets and Distinctive Assets LLC (collectively
4 “Defendants”) have agreed to the entry of a Stipulated Final Judgment and Consent
5 Order, as filed on March 23, 2016. The terms of that Stipulated Final Judgment and
6 Consent Order are hereby adopted by the Court, and entered as follows:
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1)

This Court has subject matter jurisdiction over this action and personal

8 jurisdiction over the parties, venue is proper in this district, and the Court has
9 jurisdiction to enter a judgment as a final resolution of this action.
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2)

Defendants, and their agents, servants, and employees, and all persons

11 acting thereunder, in concert therewith, or on Defendants’ behalf, are hereby
12 ENJOINED from:
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(a)

Using any of the Academy’s Marks in a) names of, b) tag lines

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for, or c) any short form descriptions of, any gift bags

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Defendants create and/or distribute, including without limitation,

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use of the phrases “Everyone Wins At The Oscars®! Nominee

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Gift Bags,” “Everyone Wins Nominee Gift Bags in Honor of the

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Oscars®,” “Oscar Gift Bag,” and “Oscar Swag Bag”;

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(b)

appearing in Defendants’ gift bags;

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(c)

Promoting products or services through the use of hashtags that
contain the Academy’s Marks;

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Using any of the Academy’s Marks to describe products

(d)

Representing, suggesting, or implying that Defendants are “in

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charge of” any gift bags given at the Academy’s annual

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Academy Awards ceremony;

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(e)

Representing, suggesting, or implying that Defendants have an
“exclusive” relationship, or any other formal relationship, with

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ORDER GRANTING STIPULATION AND CONSENT TO JUDGEMENT

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the Academy or the Academy’s annual Academy Awards

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ceremony;
(f)

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Representing, suggesting, or implying that Defendants’ gift bags

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are given out at the Academy’s annual Oscars ceremony, or on

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the premises of the Oscar ceremony; and
(g)

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Using the Academy’s Marks in any way in commercial

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communications without prefacing those communications with a

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disclaimer explaining (i) that Defendants have no relationship

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with either the Academy or the Oscars ceremony and (ii) that

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neither the Academy nor Distinctive Assets wants there to be any

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association in the press between Distinctive Assets’ bags and the

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Oscars or the Academy; for the avoidance of doubt, such

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disclaimers are to be placed at the outset of the commercial

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communications.

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3)

This injunction shall extend to commercial communications, whether

16 written, verbal, or visual, including without limitation, press releases, public
17 statements, interviews, social media posts, statements made on Defendants’ website,
18 published descriptions of products included in the gift bags which Defendants have
19 created, communications with product suppliers and potential product suppliers, and
20 any other promotional communications created by or for Defendants, including with
21 respect to generalized language about awards ceremonies that fails to expressly
22 except the Oscars;
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4)

Provided that Defendants comply with the terms of this injunction, they

24 may accurately state that Distinctive Assets is giving gift bags to Oscar nominees.
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5)

It is further ordered that, if Defendants, or either of them, or their

26 agents, servants, employees, or any other persons acting thereunder, in concert
27 therewith, or on Defendants’ behalf, violate this order, Defendants shall be required
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ORDER GRANTING STIPULATION AND CONSENT TO JUDGEMENT

1 to pay to the Academy:

(a)

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$50,000 in compensation for the Academy’s continued

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expenditure of effort to address Defendants’ actions,

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which shall be in addition to any damages, profits, and/or

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punitive damages or enhancements, and
(b)

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all reasonable attorneys’ fees and costs incurred by the

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Academy in connection with any enforcement

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proceedings.

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6)

This Court will retain jurisdiction over the parties, as necessary, to

10 enforce the terms of this order.
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The entry of this order constitutes a final judgment against Defendants.

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14 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated:

March 30, 2016

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Hon. Manuel L. Real

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ORDER GRANTING STIPULATION AND CONSENT TO JUDGEMENT