American Automobile Association, Inc. v. Ruiz Towing et al

Filing 13

PERMANENT INJUNCTION filed by Judge Consuelo B. Marshall against Defendants Salvador Alfaro, Ruiz Towing. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:1. Defendants, and each of them, their officers, directors, partners, agents,servants, employee s, attorneys, confederates, and all persons acting for, with, by, through or under them, and any others within their control or supervision, and all others in active concert or participation with the above, are hereby permanently enjoined from using AAAs trademarks, the designation AAA or any other word or symbol incorporating Plaintiffs service marks, either alone or in combination with other words or symbols, in the marketing, sales, distribution, promotion, advertising, identification, or in any other manner in connection with any emergency roadside service business and other related services at any locality in the United States. Plaintiff will file a Notice of Dismissal within (5) days of Plaintiff receiving a satisfactory written report from Defendants. (See order for further details). (shb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 AMERICAN AUTOMOBILE
ASSOCIATION, INC., a Connecticut
12 corporation,
Plaintiff,

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vs.

CASE NO. 2:16-cv-08587-CBM-FFMx
ORDER GRANTING STIPULATION
FOR PERMANENT INJUNCTION
[10]

15 RUIZ TOWING, an entity of unknown
form; SALVADOR ALFARO, aka
16 SALVADOR A. RUIZ, an individual;
and DOES 1 through 10, Inclusive,
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Defendants.
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Pursuant to the stipulation entered into by and between plaintiff AMERICAN
AUTOMOBILE ASSOCIATION, INC. (“Plaintiff” or “AAA”), by and through its
counsel, on the one hand, and defendant RUIZ TOWING, an entity of unknown
form, and SALVADOR ALFARO, an individual (collectively “Defendants”), on the

Rutan & Tucker LLP

attorneys at law

2314/017601-0129
10398881.1 a12/06/16

-1ORDER RE PERMANENT INJUNCTION

1 other hand,
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

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1.

Defendants, and each of them, their officers, directors, partners, agents,

4 servants, employees, attorneys, confederates, and all persons acting for, with, by,
5 through or under them, and any others within their control or supervision, and all
6 others in active concert or participation with the above, are hereby permanently
7 enjoined from using AAA’s trademarks, the designation “AAA” or any other word
8 or symbol incorporating Plaintiff’s service marks, either alone or in combination
9 with other words or symbols, in the marketing, sales, distribution, promotion,
10 advertising, identification, or in any other manner in connection with any emergency
11 roadside service business and other related services at any locality in the United
12 States;
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2.

Defendants, and each of them, their officers, directors, partners, agents,

14 servants, employees, attorneys, confederates, and all persons acting for, with, by,
15 through or under them, and any others within their control or supervision, and all
16 others in active concert or participation with the above, are hereby permanently
17 enjoined from using AAA’s trademarks, the designation “AAA” or any other name
18 or symbol incorporating Plaintiff’s service marks in any form or manner that would
19 tend to identify or associate Defendants’ businesses or services with Plaintiff in the
20 marketing, sale, distribution, promotion, advertising, identification, or in any other
21 manner in connection with any business;
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3.

Defendants, and each of them, their officers, directors, partners, agents,

23 servants, employees, attorneys, confederates, and all persons acting for, with, by,
24 through or under them, and any others within their control or supervision, and all
25 others in active concert or participation with the above, are hereby permanently
26 enjoined from referring to their businesses as “triple A approved” (either orally or in
27 writing) in the marketing, sale, distribution, promotion, advertising, identification,
28 or in any other manner in connection with any business;
Rutan & Tucker LLP

attorneys at law

2314/017601-0129
10398881.1 a12/06/16

-2ORDER RE PERMANENT INJUNCTION

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4.

Defendants, and each of them, their officers, directors, partners, agents,

2 servants, employees, attorneys, confederates, and all persons acting for, with, by,
3 through or under them, and any others within their control or supervision, and all
4 others in active concert or participation with the above, are hereby permanently
5 enjoined from representing to anyone (either orally or in writing) that their
6 businesses are affiliated with AAA in any way or is an AAA agent or contractor
7 unless their businesses are approved in writing by AAA to be an AAA agent or
8 contractor;
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5.

Defendants will deliver to Plaintiff’s attorney within thirty (30) days

10 after entry of this injunction, to be impounded or destroyed by Plaintiff, all
11 literature, signs, labels, prints, packages, wrappers, containers, advertising materials,
12 stationery, and any other items in their possession or control that contain the
13 infringing designation “AAA” or any other name or symbol incorporating Plaintiff’s
14 service marks, either alone or in combination with other words and symbols;
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6.

Defendants will remove from their business premises and vehicles

16 within thirty (30) days after entry of this injunction, all instances of AAA’s
17 trademarks, the “AAA” designation or any other name or symbol incorporating
18 Plaintiff’s service marks, either alone or in combination with other words and
19 symbols, and to destroy all molds, plates, masters, or means of creating the
20 infringing items;
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7.

Defendants will instruct, within thirty (30) days after the entry of this

22 injunction, any print directory, Internet directory, or website that they have caused
23 to carry any AAA mark, including, without limitation, any reference to the “AAA”
24 designation or other infringing designation, to cease using such names at the earliest
25 possible date;
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8.

Defendants will provide Plaintiff’s counsel, within thirty (30) days after

27 the entry of this injunction, a report in writing, under oath, setting forth in detail the
28 manner and form in which Defendants have complied with 1 through 7 above.
Rutan & Tucker LLP

attorneys at law

2314/017601-0129
10398881.1 a12/06/16

-3ORDER RE PERMANENT INJUNCTION

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9.

Nothing contained herein shall be construed to prevent or prohibit

2 Defendants from applying to Plaintiff at a future date for approval or listing by
3 Plaintiff pursuant to all of Plaintiff’s rules, regulations, and requirements as they
4 may exist at the time of any such future application. If Plaintiff, in its sole
5 discretion, approves any such application for approval or listing, then this Stipulated
6 Injunction shall be of no further force or effect.
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10.

Plaintiff will file a Notice of Dismissal within (5) days of Plaintiff

8 receiving a satisfactory written report from Defendants pursuant to Paragraph 8
9 herein.
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11.

The parties have had the opportunity to consult with legal counsel of

11 their choice and are fully informed and aware of the legal effect and consequences
12 of this Stipulated Injunction.
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12.

The Court shall retain jurisdiction over this matter subsequent to the

14 filing of the Notice of Dismissal for the purpose of enforcing this Injunction.
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IT IS SO ORDERED.

16 Dated: December 9, 2016
Hon. Consuelo B. Marshall
United States District Judge

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Rutan & Tucker LLP

attorneys at law

2314/017601-0129
10398881.1 a12/06/16

-4ORDER RE PERMANENT INJUNCTION