Lakeshore Equipment Company v. ECR4KIDS, L.P.
CONSENT JUDGMENT AND STIPULATED PERMANENT INJUNCTION AGAINST ECRRKIDS, L.P. AND ITS AGENTS RE ACCUSED PRODUCTS RE LAKESHORE TRADE DRESS (SEE DOCUMENT FOR SPECIFICS) 42 by Judge S. James Otero ( MD JS-6. Case Terminated ) (lc)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
October 7, 2019
COMPANY, a California corporation,
Case No. 2:18-cv-10338
HONORABLE JUDGE OTERO
ECR4KIDS, L.P., a California limited
CONSENT JUDGMENT AND STIPULATED PERMANENT INJUNCTION
Plaintiff, Lakeshore Equipment Company d/b/a Lakeshore Learning Materials
(“Lakeshore”), filed civil action number 2:18-cv-10338 in the Central District of California,
against defendant, ECR4KIDS, L.P. (“ECR4KIDS”), asserting claims for (1) trade dress
infringement in violation of 15 U.S.C. § 1125(a); (2) trade dress dilution in violation of 15 U.S.C.
§ 1125(c); (3) unfair competition and false designation of origin in violation of 15 U.S.C.
§ 1125(a); (4) unfair competition and false designation of origin in violation of Cal. Bus. & Prof.
Code § 17200; (5) trade dress dilution in violation of Cal. Bus. & Prof. Code § 14247; (6) common
law trade dress infringement; (7) common law unfair competition; (8) common law
misappropriation; and (9) unjust enrichment. Lakeshore duly served its Complaint on ECR4KIDS
on December 18, 2018, and ECR4KIDS filed its Answer on January 29, 2019. ECR4KIDS now
stipulates and consents to the Court’s entry of this Consent Judgment and Permanent Injunction.
NOW THEREFORE, upon consent of the parties, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED:
1. The Court has subject matter jurisdiction over this action pursuant to at least 15 U.S.C.
§ 1121(a) and 28 U.S.C. §§ 1331, 1338(a) & (b), and 1367(a).
2. This Court has personal jurisdiction over ECR4KIDS and venue is proper in this judicial
district at least because, inter alia, the ECR4KIDS is doing business in the State of
California, including in this District.
3. ECR4KIDS sold, offered to sell, promoted, advertised, imported, and distributed covered
seat products, cushioned seat products, and outdoor table, bench, and chair products,
exemplary images of which are shown in Exhibit 1 (collectively the “Accused Products”).
4. Lakeshore asserts that it owns all right, title, and interest in and to the trade dress rights in
the overall look and appearance of the Lakeshore Privacy Nook, Lakeshore Tree Seats, and
Lakeshore Outdoor Tables, Benches, and Chairs, exemplary images of which are shown in
Exhibit 2 (collectively the “Lakeshore Trade Dress”).
5. Lakeshore has asserted that the Accused Products violate the Lakeshore Trade Dress.
6. ECR4KIDS has denied that any protectable rights exist in the Lakeshore Trade Dress and
that ECR4KIDS has infringed any such alleged rights.
7. To resolve Lakeshore’s allegations that the Accused Products violate the Lakeshore Trade
Dress, ECR4KIDS has agreed to cease selling the Accused Products.
8. ECR4KIDS shall not at any time advertise, promote, sell, offer to sell, distribute,
manufacture, or import any of the Accused Products in any color or color combination.
9. This Court permanently enjoins ECR4KIDS and each of its officers, agents, employees,
servants, successors, and assigns, and any other persons who are in active concert or
participation with any of the foregoing who have actual knowledge of this Order from
advertising, promoting, selling, offering to sell, distributing, manufacturing, and importing
any of the Accused Products in any color or color combination.
10. Each party shall bear its own costs and attorney fees.
11. This Court shall retain jurisdiction over the parties for the purpose of enforcing the terms
of this Consent Judgment and Permanent Injunction and the parties’ settlement agreement.
12. This Consent Judgment and Permanent Injunction represents a final adjudication of all
claims, counterclaims, and defenses that were, or could have been, brought between
Lakeshore and ECR4KIDS in this case. This Consent Judgment and Permanent Injunction
is intended to be final and shall bind Lakeshore and ECR4KIDS on all issues that were or
could have been litigated in this proceeding, except that ECR4KIDS shall retain the right
to defensively challenge the Lakeshore Trade Dress should Lakeshore assert that trade
dress in future litigation against ECR4KIDS or ECR4KIDS’ customers, distributors,
suppliers or retailers regarding any product sold or sourced by ECR4KIDS that is not one
of the Accused Products. Lakeshore and ECR4KIDS shall not appeal any issue from this
Dated: ______________, 2019
S. James Otero
United States District Judge
Consented and Agreed to:
DATED: September 26, 2019
BANNER & WITCOFF, LTD
Attorneys for Plaintiff
LAKESHORE EQUIPMENT COMPANY
Exemplary Images of Lakeshore’s Trade Dress
Exemplary Images of a Lakeshore Privacy Nook.
Exemplary Image of Lakeshore Tree Seats.
Exemplary Image of the Lakeshore Outdoor Table, Bench, and Chairs.
Exemplary Images of the Accused Products
Exemplary Images of ECR4KIDS’ Accused Covered Seat Products.
Exemplary Images of ECR4KIDS’ Accused Tree Seat Products.
Exemplary Image of ECR4KIDS’ Accused Outdoor Table, Bench, and
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?