Summit Tool Company v. Vevor Corporation et al

Filing 31

CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge Andre Birotte Jr.: It is ORDERED, ADJUDGED AND DECREED that Defendants Vevor Corporation, Wildfiore Ltd., Shanghai Sishun E-Commerce Co., Ltd., Shanghai Sishun Machinery Equipment Co., Ltd., Sanven Corporation, and Ruben Jiao (collectively "Defendants") will pay Plaintiff Summit Tool Company d/b/a Ken-Tool ("Ken-Tool") the sum of $25,000 (the "Satisfaction Amount") within three business days of executing this Consent Judgement. Provided that Defendants pay the entire $25,000 Satisfaction Amount by no later than 12/30/2022, Ken-Tool will consider the Judgement Amount to be fully satisfied. Defendants, including their affiliates, subsidiaries, divisions, officers, agents, employees, representatives, privies, successors, assigns and all those acting for them or on their behalf, or acting in concert with them directly or indirectly who receive actual notice of this Order are hereby permanently enjoined re Ken-Tool Product Design, Blue Cobra Trademark, or Blue Coating Trade Dress, etc. See document for further details. ( MD JS-6. Case Terminated ) (gk)

IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

Summit Tool Company d/b/a Ken-Tool,
Plaintiff,
vs.

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CASE NO.: 2:22-CV-02161-AB (JCX)
[PROPOSED] CONSENT JUDGMENT
AND PERMANENT INJUNCTION

Vevor Corporation et al.,
Defendants.
The parties, Plaintiff Summit Tool Company d/b/a Ken-Tool (“Ken-Tool”) and
Defendants Vevor Corporation, Wildfiore Ltd., Shanghai Sishun E-Commerce Co., Ltd.,
Shanghai Sishun Machinery Equipment Co., Ltd., Sanven Corporation, and Ruben Jiao
(collectively “Defendants”) (together, Ken-Tool and Defendants may be referred to as the
“Parties” or separately as a “Party”) hereby stipulate and agree as follows:
WHEREAS, Ken-Tool filed the above-captioned action on March 31, 2022, alleging
willful trademark infringement, counterfeiting, and unfair competition under the Lanham Act, 15
U.S.C. §§ 1114(1) and 1125(a), and related state law claims for unfair competition stemming
from infringement by Defendants of Ken-Tool’s federally registered and common law trade
dress rights as described in the Complaint (Dkt. 1) (the “Ken-Tool Marks”), which is
incorporated as if fully set forth herein;
WHEREAS, the Complaint was duly served on Defendant Sanven Corporation on June
2, 2022;
WHEREAS, Defendant Sanven Corporation answered the Complaint on June 20, 2022;
and

WHEREAS, Defendants Shanghai Sishun E-Commerce Co., Ltd. and Shanghai Sishun
Machinery Equipment Co., Ltd. were duly served with the Complaint on June 29, 2022; and
WHEREAS, default was entered against Defendants Shanghai Sishun E-Commerce Co.,
Ltd. and Shanghai Sishun Machinery Equipment Co., Ltd. on August 10, 2022; and
WHEREAS, the Parties agree that the Court may find:
a. That Ken-Tool was, on the dates relevant to the Complaint through the present, the
owner of valid trade dress rights in and to each of the Product Design claimed in U.S.
Reg. No. 1,808,834, the trademark BLUE COBRA claimed in U.S. Reg. No.
4,052,142 (“BLUE COBRA Trademark”), and common law trade dress rights in and
to a blue coating used in connection with tire tools (“Blue Coating Trade Dress”);
b. That Defendants sold and offered for sale to consumers tubeless tire irons using the
Product Design and tire demount bars using the trademark BLUE COBRA and the
Blue Coating Trade Dress (collectively, “Infringing Products”), including on the
website www.vevor.com and through third-party websites eBay and Amazon, without
Ken-Tool’s permission;
c. There is a danger that such infringing conduct will continue, thereby causing
irreparable injury to Ken-Tool for which damages cannot be accurately computed,
and necessitating the granting of injunctive relief against Defendants’ continued
infringing conduct; and
d. The Parties have further agreed that the Court shall enter final judgement on the
foregoing findings.
It is therefore,
ORDERED, ADJUDGED AND DECREED as follows:

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1.

Defendants admit that the Ken-Tool Product Design is valid and protectable trade

dress, and that they willfully infringed the Ken-Tool Product Design.
2.

Defendants admit that BLUE COBRA is a valid and protectable trademark and

that they willfully infringed the BLUE COBRA trademark.
3.

Defendants admit that the Blue Coating Trade Dress is valid and protectable trade

dress, and that they willfully infringed the Blue Coating Trade Dress.
4.

Defendants admit that monetary damages are difficult to calculate, but Ken-Tool

has been damaged by Defendants, jointly and severally, in the amount of at least $100,000,
including attorney’s fees and costs to date (the “Judgement Amount”).
5.

Defendants will pay Ken-Tool the sum of $25,000 (the “Satisfaction Amount”)

within three (3) business days of executing this Consent Judgement. Provided that Defendants
pay the entire $25,000 Satisfaction Amount by no later than December 30, 2022, Ken-Tool will
consider the Judgement Amount to be fully satisfied. All payments shall be made by check to
Ken-Tool at: Attn: Account Receivables, Summit Tool Company d/b/a Ken-Tool, 768 E North
St, Akron, OH 44305.
6.

Defendants, including their affiliates, subsidiaries, divisions, officers, agents,

employees, representatives, privies, successors, assigns and all those acting for them or on their
behalf, or acting in concert with them directly or indirectly who receive actual notice of this Order
are hereby permanently enjoined from: (i) advertising, marketing, promoting, manufacturing,
exporting, importing, distributing, offering for sale or selling products bearing the Product Design,
BLUE COBRA Trademark, or Blue Coating Trade Dress or any other mark similar to the Product
Design, BLUE COBRA Trademark, or Blue Coating Trade Dress such that it is likely to cause
confusion, mistake, or deception among the trade or public; and/or (ii) doing any other thing

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calculated or likely to cause confusion or mistake in the mind of the trade or public or to deceive
the trade or public into believing that Defendants’ products are in any way associated or affiliated
with or sponsored or endorsed by Ken-Tool;
7.

Defendants, including their affiliates, subsidiaries, divisions, officers, agents,

employees, representatives, privies, successors, assigns and all those acting for them or on their
behalf, or acting in concert with them directly or indirectly who receive actual notice of this Order
must within fourteen days of execution of the Agreement surrender to Ken-Tool for destruction all
copies of any materials that Defendants or their agents have created or obtained that is in their
possession bearing the Product Design, BLUE COBRA Trademark, or Blue Coating Trade Dress,
except as to legal documents such as its agreements with vendors, customers, providers or others,
its tax and internal financial documents; correspondence, documents required to be maintained by
law or regulation, which copies will be promptly destroyed when no longer required;
8.

Defendants, within forty-five (45) days of execution of the Agreement, must serve

on counsel for Ken-Toole via electronic mail a written report under penalty of perjury setting forth
in detail the manner in which Defendants have complied with this Order.
9.

In the event that Defendants default in making any payments required by this

Consent Judgment, or defaults in complying with any terms of the Consent Judgement; or in the
event that a Defendant files for bankruptcy; or in the event of any change of ownership of a
Defendant, then on ten (10) days’ notice of such default (“Event of Default”), and provided that
such Event of Default is not cured within the 10-day period, Ken-Tool may immediately execute
on this Consent Judgment for the Judgement Amount, plus statutory interest from the date of this
Consent Judgment and Plaintiff’s attorney fees and costs, less any payments made by
Defendants.

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10.

Compliance with this Consent Judgment may be enforced by Ken-Tool and its

successors in interest or assigns.
11.

The Court retains jurisdiction to enforce or supervise performance under this

Consent Judgment.
12.

The parties stipulate to the entry of judgment consistent with the terms stated

herein.

Dated: January 18, 2023
________________________________
Hon. André Birotte Jr.
U.S. District Court Judge

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