Allstar Marketing Group, LLC v. Allstar Marketing and Promotions, Inc., et al

Filing 14

PERMANENT INJUNCTION AGAINST DEFENDANTS ALLSTAR MARKETING & PROMOTIONS, INC. dba ALLSTAR LOGO, INC. AND DISMISSAL OF ENTIRE ACTION, WITHOUT PREJUDICE filed by Judge Consuelo B. Marshall. No appeals shall be taken from this Permanent Injunctio n, and the parties waive all rights to appeal. This Court expressly retains jurisdiction over this matter to enforce any violation of the terms of this Permanent Injunction by Defendants. Each party shall bear its/his own attorneys' fees and costs incurred in this matter. Upon entry of this Permanent Injunction against Defendants, the case shall be dismissed, without prejudice, in its entirety. See document for details. (MD JS-6. Case Terminated) (lom)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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ALLSTAR MARKETING GROUP,
LLC, et al.,

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PERMANENT INJUNCTION
AGAINST DEFENDANTS
ALLSTAR MARKETING &
PROMOTIONS, INC. dba
ALLSTAR LOGO, INC. AND
DISMISSAL OF ENTIRE ACTION,
WITHOUT PREJUDICE
[JS-6]

Plaintiff,

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Case No.: 2:16-cv-09387-CBM(SKx)

v.

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ALLSTAR MARKETING &
PROMOTIONS, INC. dba ALLSTAR
LOGO, INC., et al.,

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Defendants.

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The Court, pursuant to the Stipulation for Entry of Final Judgment,

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including Permanent Injunction, between Plaintiff Allstar Marketing Group, LLC,

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(“Plaintiff”), on the one hand, and Defendants Allstar Marketing & Promotions,

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Inc., dba Allstar Logo, Inc., on the other hand, hereby ORDERS, ADJUDICATES

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and DECREES that a permanent injunction shall be and hereby is entered against

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Defendants as follows:

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1.

PERMANENT INJUNCTION. Defendants and any person or entity

acting in concert with, or at their direction, including any and all agents, servants,
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PERMANENT INJUNCTION AND DISMISSAL

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employees, partners, assignees, distributors, suppliers, resellers and any others over

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which they may exercise control, are hereby restrained and enjoined, pursuant to

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15 United States Code (“U.S.C.”) §1116(a), from engaging in, directly or

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indirectly, or authorizing or assisting any third party to engage in, any of the

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following activities:

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(i)

copying, manufacturing, importing, exporting, purchasing, marketing,

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advertising, offering for sale, selling, receiving, storing, fulfilling, distributing or

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dealing in any product or service that uses, or otherwise making any use of, any of

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Plaintiffs’ intellectual properties, including but not limited to, the SNUGGIE®

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word and design trademarks (Reg. Nos.4007061, 3946002, 3832877, 3791238,

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4115279, 4418776, 3775590) SNUGGIE UP (Reg. No. 4874831, and SNUGGIES

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(Reg. No. 2351180).

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registrations for SNUGGIE (Reg. Nos. 87180537, 86143338, 86026945) and

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SNUGGIE TAILS (Reg. No. 87017982) (collectively, “Plaintiff’s Intellectual

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Properties”).

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(ii)

In Addition, Plaintiff has filed for federal trademark

using, advertising or displaying Plaintiff’s Intellectual Properties to

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suggest that non-genuine SNUGGIE products, including products being advertised

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as manufactured, sponsored or endorsed by Plaintiff; and/or

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(iii)

owning or controlling any Internet domain name or website that uses

any of Plaintiff’s Intellectual Properties.
2.

This Permanent Injunction shall be deemed to have been served upon

Defendants at the time of its execution by the Court.
3.

The Court finds there is no just reason for delay in entering this

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Permanent Injunction against Defendants, and the Court directs immediate entry of

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this Permanent Injunction against Defendants.

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4.

NO APPEALS AND CONTINUING JURISDICTION.

No

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appeals shall be taken from this Permanent Injunction, and the parties waive all

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rights to appeal. This Court expressly retains jurisdiction over this matter to
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PERMANENT INJUNCTION AND DISMISSAL

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enforce any violation of the terms of this Permanent Injunction by Defendants.
5.

NO FEES AND COSTS. Each party shall bear its/his own attorneys’

fees and costs incurred in this matter.
6.

DISMISSAL OF ENTIRE ACTION. Upon entry of this Permanent

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Injunction against Defendants, the case shall be dismissed, without prejudice, in its

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entirety.

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IT IS SO ORDERED, ADJUDICATED and DECREED this 5TH day of
April, 2017.
_______________________________
HON. CONSUELO B. MARSHALL
United States District Judge
Central District of California

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PERMANENT INJUNCTION AND DISMISSAL