Eagle Tech Computers Inc v. Discounts Online Inc et al
Filing
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CONSENT DECREE PURSUANT TO STIPULATION 38 by Judge Virginia A. Phillips: (see document image for further details). ( MD JS-6. Case Terminated ) (ad)
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YARMOSKI LAW GROUP
John Yarmoski, CSB#135132
john@yarmoski.com
333 City Boulevard West
17th Floor
Orange, CA 92868
Phone: (626) 912-5211
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Attorneys for Plaintiff
EAGLE TECH COMPUTERS, INC.
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION
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EAGLE TECH COMPUTERS, INC., a
California corporation;
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Plaintiff,
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vs.
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DISCOUNTS ONLINE, INC., a
California corporation dba
DISCOUNTS JUNGLE; and DOES 1
through 25, inclusive,
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Defendants.
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) Case No.: EDCV13-652 VAP (OPx)
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[Proposed] CONSENT DECREE
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PURSUANT TO STIPULATION
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CONSENT DECREE PURSUANT TO STIPULATION
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The Court, having read and considered the Joint
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Stipulation for Entry of Consent Decree that has been executed
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on behalf of Plaintiff Eagle Tech Computers, Inc. (“Plaintiff”),
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Discounts Online, Inc. (“Defendant”) and Westco, Inc. (“Cross-
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Defendant”), and good cause appearing therefore, hereby:
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ORDERS that this Consent Decree shall be and is hereby
entered in the within action as follows:
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1. This Court has jurisdiction over this matter pursuant
to 15 U.S.C.A. § 1121 and 28 U.S.C.A. §§ 1331, 1332, 1338 and
1367.
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Plaintiff is the owner of all rights in and to the
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trademark registration listed in Exhibit “A” (“Eagle Arion
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Mark”) attached hereto and incorporated herein by this
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reference.
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3.
Plaintiff has expended considerable resources in the
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creation and commercial exploitation of the Eagle Arion Mark on
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merchandise and in the enforcement of its intellectual property
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rights in the Eagle Arion Mark.
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4.
Plaintiff has alleged that Defendant made unauthorized
use of the Eagle Arion Mark.
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Defendant has alleged that acts or omissions
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attributable to Cross-Defendant are responsible for Plaintiff’s
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damages.
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6.
Defendant and Cross-Defendant, and their respective
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agents, servants, employees and all persons in active concert
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and participation with them who receive actual notice of the
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injunction are hereby restrained and enjoined from:
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CONSENT DECREE PURSUANT TO STIPULATION
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a) Infringing Plaintiff’s trademark in the Eagle Arion
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Mark, either directly or contributorily, in any manner,
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including generally, but not limited to, manufacturing,
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importing, distributing, advertising, selling, or
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offering for sale, any unauthorized product which
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features the Eagle Arion Mark (“Unauthorized Products”),
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and, specifically:
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i) Importing, manufacturing, distributing,
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advertising, selling, or offering for sale, the
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Unauthorized Products or any other unauthorized
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products which picture, reproduce, copy or use the
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likenesses of or bear a substantial similarity to the
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Eagle Arion Mark;
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ii) Importing, manufacturing, distributing,
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advertising, selling, or offering for sale, in
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connection thereto any unauthorized promotional
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materials, labels, packaging or containers which
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picture, reproduce, copy or use the likenesses of or
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bear a confusing similarity to the Eagle Arion Mark;
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iii) Engaging in any conduct that tends falsely to
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represent that, or is likely to confuse, mislead or
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deceive purchasers, Defendant’s or Cross-Defendant’s
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customers and/or members of the public to believe,
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the actions of Defendant or Cross-Defendant, the
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products sold or offered by Defendant or Cross-
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Defendant, or Defendant or Cross-Defendant themselves
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are connected with Plaintiff, are sponsored, approved
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CONSENT DECREE PURSUANT TO STIPULATION
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or licensed by Plaintiff, or are affiliated with
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Plaintiff; or
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iv) Affixing, applying, annexing or using in
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connection with the importation, manufacture,
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distribution, advertising, selling, offering for
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sale, or other use of any goods or services, a false
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description or representation, including words or
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other symbols, tending to falsely describe or
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represent such goods as being those of Plaintiff.
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7.
Each party shall bear its own fees and costs of suit.
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This Consent Decree shall be deemed to have been
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served upon Defendant and Cross-Defendant at the time of its
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execution by the Court.
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9.
The Court finds there is no just reason for delay in
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entering this Consent Decree and, pursuant to Rule 54(a) of the
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Federal Rules of Civil Procedure, the Court directs immediate
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entry of this Consent Decree against Defendant and Cross-
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Defendant.
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10.
The Court shall retain jurisdiction of this action to
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entertain such further proceedings and to enter such further
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orders as may be necessary or appropriate to implement and
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enforce the provisions of this Consent Decree.
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11.
Except as provided herein, all claims alleged in the
Complaint and Counterclaim are dismissed with prejudice.
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DATED:
June 16, 2014
Hon. Virginia A. Phillips
United States District Judge
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CONSENT DECREE PURSUANT TO STIPULATION
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YARMOSKI LAW GROUP
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By: _____________________
John Yarmoski
Attorneys for Plaintiff
Eagle Tech Computers, Inc.
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LAW OFFICES OF BIN LI & ASSOCIATES
By: _____________________
Bin Li
Attorneys for Defendant
Discounts Online, Inc.
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BRYON Y. CHUNG, APC
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By: _____________________
Bryon Y. Chung
Attorneys for Defendant
Discounts Online, Inc.
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LAW OFFICES OF MARK E. GOODFRIEND
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By: _____________________
Mark E. Goodfriend
Attorneys for Cross-Defendant
Westco, Inc.
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EXHIBIT A
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CONSENT DECREE PURSUANT TO STIPULATION
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PLAINTIFF EAGLE TECH COMPUTERS, INC.’s TRADEMARK
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Trademark:
EAGLE ARION
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Mark Drawing Code: Word
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Trademark Registration No.: 3918096
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Trademark Registration Date: February 8, 2011
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CONSENT DECREE PURSUANT TO STIPULATION
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