Thor Tech, Inc. v Thor Trucks Inc

Filing 28

FINAL JUDGMENT AND PERMANENT INJUDCTION AGAINST THOR TRUCKS, INC. 27 by Judge Christina A. Snyder : Defendant and its officers, members, principals,agents, employees and all persons and entities in active concert or participation with any of them, are permanently restrained and enjoined from infringing upon Thors THOR Mark. Each party shall bear its own costs, expenses, and attorneys fees associated with this Action.( MD JS-6. Case Terminated ) (lc)

1
2
3
4
5
6
7
8
9

RUSS, AUGUST & KABAT
Irene Y. Lee, State Bar No. 213625
E-mail: [e-mail]
Jean Y. Rhee, State Bar No. 234916
E-mail: [e-mail]
Nathan D. Meyer, State Bar No. 239850
E-mail: [e-mail]
Twelfth Floor
12424 Wilshire Boulevard
Los Angeles, California 90025
Telephone: [phone]
Facsimile: 310.826.6991

JS-6

Attorneys for Plaintiffs
Thor Tech, Inc., Thor Industries, Inc., and
Thor Motor Coach, Inc.

RUSS, AUGUST & KABAT

10
11

UNITED STATES DISTRICT COURT

12

CENTRAL DISTRICT OF CALIFORNIA

13
14
15
16

THOR TECH, INC., a Nevada
corporation; THOR INDUSTRIES,
INC., a Delaware corporation; and
THOR MOTOR COACH, INC., a
Delaware corporation,

17
18
19
20

Plaintiffs,
vs.
THOR TRUCKS, INC., a
California corporation,

21

Case No. 2:18-cv-02958-CAS (MRWx)
[Assigned to Hon. Christina A. Snyder,
Courtroom 8D]
[PROPOSED] FINAL JUDGMENT
AND PERMANENT INJUNCTION
AGAINST THOR TRUCKS, INC.
Original Complaint Filed:
April 9, 2018

Defendant.

22
23

WHEREAS, plaintiffs Thor Tech, Inc., Thor Industries, Inc., and Thor Motor

24

Coach, Inc. (collectively, “Thor”) are the exclusive and sole owners of the rights in

25

various THOR marks covering vehicles and related services, including United States

26

Trademark Registration Nos. 1,780,830; and 5,053,749 (collectively the “THOR

27

Marks”);

28
CV18-2958Judgment docx

[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

1

WHEREAS, Defendant Thor Trucks, Inc. (“Defendant”) has used names,

2

marks, and logos containing the term, “THOR” (collectively, the “Infringing

3

Marks”) in connection with marketing, offering for sale, and selling, inter alia,

4

vehicles and related services through, among other means, its website

5

www.thortrucks.com and its social media handles and business network accounts

6

bearing names containing the term “THOR”;
WHEREAS, a dispute has arisen between Thor and Defendant in that

8

Defendant’s use of the Infringing Marks violates Thor’s rights in the THOR Marks

9

and constitutes, among other things, trademark infringement and unfair competition;

10
RUSS, AUGUST & KABAT

7

WHEREAS, on April 9, 2018, Thor commenced the above-captioned action

11

(“Action”) against Defendant, asserting federal and California law claims for

12

trademark infringement and unfair competition;

13

WHEREAS, Defendant has admitted liability and entered into a full and final

14

settlement of the Action with Thor, which settlement was memorialized in a certain

15

document dated January 29, 2019 (the “Agreement”); and

16

WHEREAS, the Agreement provides, in pertinent part, that Defendant

17

consents to the entry of a permanent injunction enjoining any references and uses of

18

any trademark, service mark, trade name, corporate name, domain name, handle,

19

business account name, email address, Internet domain name, metatag, Internet

20

keyword, and any other form of designation or identification that consists in whole

21

or in part of “THOR” or a variation thereof, including, without limitation, the

22

Infringing Marks, on or in connection with vehicles, vehicle components, vehicle

23

accessories and/or vehicle services.

24
25
26
27

NOW, THEREFORE, it is, ORDERED, ADJUDGED, and DECREED
THAT:
1.

This Court has jurisdiction over the subject matter of this Action and

over the parties hereto.

28

1
CV18-2958Judgment docx

[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

1

2.

Thor is the owner of the THOR Marks, which are valid and enforceable.

2

3.

Defendant engaged in marketing, offering for sale, and/or selling

3
4

products and/or services under the Infringing Marks.
4.

As of April 23, 2019, Defendant and its officers, members, principals,

5

agents, employees and all persons and entities in active concert or participation with

6

any of them, are permanently restrained and enjoined from infringing upon Thor’s

7

THOR Marks, either directly or indirectly, in any manner, including:
a.

8

manufacturing, distributing, circulating, advertising, marketing,

promoting, importing, exporting, displaying, shipping, offering for sale, or selling

10

vehicles, vehicle components, vehicle accessories and/or vehicle services under or

11
RUSS, AUGUST & KABAT

9

bearing any mark identical and/or confusingly similar to Thor’s THOR Marks,

12

including, without limitation, the Infringing Marks;
b.

13

manufacturing, distributing, circulating, advertising, marketing,

14

promoting, importing, exporting, displaying, shipping, offering for sale, or selling

15

vehicles, vehicle components, vehicle accessories and/or vehicle services under or

16

bearing any mark containing the word “THOR” or any confusingly similar variation

17

thereof;
c.

18

registering any of the Infringing Marks or any mark including the

19

term THOR for use on or in connection with vehicles, vehicle components, vehicle

20

accessories and/or vehicle services;
d.

21

committing any other acts calculated to cause purchasers to

22

believe that the products or services marketed, offered for sale, or sold by Defendant

23

are Thor’s products or services or associated with Thor in any way; and
e.

24

assisting, aiding or attempting to assist or aid any other person or

25

entity in performing any of the prohibited activities referred to in Paragraphs 4(a) to

26

4(d) above.

27
28

5.

Each party shall bear its own costs, expenses, and attorneys’ fees

associated with this Action.
2
CV18-2958Judgment docx

[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

1
2
3

6.

The execution of this Final Judgment shall serve to bind and obligate

the parties hereto.
7.

The Court shall retain exclusive and continuing jurisdiction over this

4

case for the purpose of making any further orders necessary or proper for the

5

construction or modification of this Final Judgment, the enforcement thereof, and

6

the punishment of any violations thereof. Except as otherwise provided herein, this

7

Action is fully resolved with prejudice as to Defendant.

8
9

Dated: January 30, 2019

__

Honorable Christina A. Snyder
United States District Judge

10
RUSS, AUGUST & KABAT

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
CV18-2958Judgment docx

[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

__