Turn Key Wine Brands LLC v. Customvine Corp., et al

Filing 132

JUDGMENT by Judge R. Gary Klausner, in favor of Turn Key Wine Brand, LLC against Customvine Corp. Related to: Stipulation for Judgment 131 . Judgment is entered in favor of plaintiff Turn Key Wine Brands, LLC, and against defendant Penrose Hill, Li mited, on plaintiff's claim for relief for contributory trademark infringement as to the TURN KEY trademark (U.S. Reg. No. 4,165,358). Plaintiff's remaining claims for relief against defendant Penrose Hill, limited, are dismissed with prejudice. (MD JS-6, Case Terminated). (bp)

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JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 TURN KEY WINE BRANDS LLC, 12 13 Case No.: 2:16-CV-09088-RGK-AFM Hon. R. Gary Klausner Plaintiff, v. [PROPOSED] JUDGMENT 14 CUSTOMVINE CORP.; PENROSE 15 HILL, LIMITED; TIME, INC.; KEVIN 16 BOYER; L18 WINES, LLC; L18 HOLDINGS, INC.; R B WINE 17 ASSOCIATES, LLC; A W DIRECT, 18 LLC; SPELLETICH FAMILY, INC.; GREGG & GREGG, INC.; PLATA 19 WINE PARTNERS, LLC; and DOES 20 1-10, inclusive, 21 Defendants. 22 CUSTOMVINE CORP. and PENROSE HILL, LIMITED 23 Counterclaimants, 24 25 v. 26 TURN KEY WINE BRANDS LLC, 27 Counterdefendant. 28 1 STIPULATION FOR ENTRY OF JUDGMENT and JUDGMENT 1 Pursuant to the parties’ Stipulation for Entry of Judgment, the Court enters 2 Judgment in this matter as follows: 3 1. Judgment is entered in favor of plaintiff Turn Key Wine Brands, 4 LLC, and against defendant Penrose Hill, Limited, on plaintiff’s claim for relief 5 for contributory trademark infringement as to the TURN KEY trademark (U.S. 6 Reg. No. 4,165,358). Plaintiff’s remaining claims for relief against defendant 7 Penrose Hill, Limited, are dismissed with prejudice. 8 2. Judgment is entered in favor of plaintiff Turn Key Wine Brands, 9 LLC, and against defendant CustomVine Corp. on plaintiff’s claim for relief for 10 contributory trademark infringement as to the TURN KEY, COMPASS POINT, 11 ELEANORA MARIE, and WAYSIDE trademarks. Plaintiff’s remaining claims 12 for relief against defendant CustomVine Corp. are dismissed with prejudice. 13 3. Judgment is entered in favor of plaintiff Turn Key Wine Brands, 14 LLC, and against defendant Kevin Boyer on plaintiff’s claim for relief for 15 contributory trademark infringement as to the TURN KEY, COMPASS POINT, 16 ELEANORA MARIE, and WAYSIDE trademarks (U.S. Reg. Nos. 4,165,358, 17 4,870,710, 4,949,056, respectively). Plaintiff’s remaining claims for relief against 18 defendant Kevin Boyer are dismissed with prejudice. 19 4. Plaintiff Turn Key Wine Brands, LLC’s, claims for relief against 20 defendant Time, Inc., are dismissed with prejudice. 21 5. All outstanding counterclaims against plaintiff Turn Key Wine 22 Brands, LLC, are dismissed with prejudice. 23 6. Each party shall bear its own costs and attorney fees. 24 25 26 DATED: January 03, 2018 27 ________________________________ R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE 28 2 STIPULATION FOR ENTRY OF JUDGMENT and JUDGMENT

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