Eagle Tech Computers Inc v. Discounts Online Inc et al

Filing 39

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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1 2 3 4 JS-6 YARMOSKI LAW GROUP John Yarmoski, CSB#135132 john@yarmoski.com 333 City Boulevard West 17th Floor Orange, CA 92868 Phone: (626) 912-5211 5 6 Attorneys for Plaintiff EAGLE TECH COMPUTERS, INC. 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION 10 11 EAGLE TECH COMPUTERS, INC., a California corporation; 12 Plaintiff, 13 vs. 14 15 16 DISCOUNTS ONLINE, INC., a California corporation dba DISCOUNTS JUNGLE; and DOES 1 through 25, inclusive, 17 Defendants. 18 19 20 21 22 23 24 ) Case No.: EDCV13-652 VAP (OPx) ) ) ) [Proposed] CONSENT DECREE ) ) PURSUANT TO STIPULATION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 25 26 27 28 - 1 – CONSENT DECREE PURSUANT TO STIPULATION 1 The Court, having read and considered the Joint 2 Stipulation for Entry of Consent Decree that has been executed 3 on behalf of Plaintiff Eagle Tech Computers, Inc. (“Plaintiff”), 4 Discounts Online, Inc. (“Defendant”) and Westco, Inc. (“Cross- 5 Defendant”), and good cause appearing therefore, hereby: 6 7 ORDERS that this Consent Decree shall be and is hereby entered in the within action as follows: 8 9 10 11 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. 2. Plaintiff is the owner of all rights in and to the 12 trademark registration listed in Exhibit “A” (“Eagle Arion 13 Mark”) attached hereto and incorporated herein by this 14 reference. 15 3. Plaintiff has expended considerable resources in the 16 creation and commercial exploitation of the Eagle Arion Mark on 17 merchandise and in the enforcement of its intellectual property 18 rights in the Eagle Arion Mark. 19 20 21 4. Plaintiff has alleged that Defendant made unauthorized use of the Eagle Arion Mark. 5. Defendant has alleged that acts or omissions 22 attributable to Cross-Defendant are responsible for Plaintiff’s 23 damages. 24 6. Defendant and Cross-Defendant, and their respective 25 agents, servants, employees and all persons in active concert 26 and participation with them who receive actual notice of the 27 injunction are hereby restrained and enjoined from: 28 - 2 – CONSENT DECREE PURSUANT TO STIPULATION 1 a) Infringing Plaintiff’s trademark in the Eagle Arion 2 Mark, either directly or contributorily, in any manner, 3 including generally, but not limited to, manufacturing, 4 importing, distributing, advertising, selling, or 5 offering for sale, any unauthorized product which 6 features the Eagle Arion Mark (“Unauthorized Products”), 7 and, specifically: 8 i) Importing, manufacturing, distributing, 9 advertising, selling, or offering for sale, the 10 Unauthorized Products or any other unauthorized 11 products which picture, reproduce, copy or use the 12 likenesses of or bear a substantial similarity to the 13 Eagle Arion Mark; 14 ii) Importing, manufacturing, distributing, 15 advertising, selling, or offering for sale, in 16 connection thereto any unauthorized promotional 17 materials, labels, packaging or containers which 18 picture, reproduce, copy or use the likenesses of or 19 bear a confusing similarity to the Eagle Arion Mark; 20 iii) Engaging in any conduct that tends falsely to 21 represent that, or is likely to confuse, mislead or 22 deceive purchasers, Defendant’s or Cross-Defendant’s 23 customers and/or members of the public to believe, 24 the actions of Defendant or Cross-Defendant, the 25 products sold or offered by Defendant or Cross- 26 Defendant, or Defendant or Cross-Defendant themselves 27 are connected with Plaintiff, are sponsored, approved 28 - 3 – CONSENT DECREE PURSUANT TO STIPULATION 1 or licensed by Plaintiff, or are affiliated with 2 Plaintiff; or 3 iv) Affixing, applying, annexing or using in 4 connection with the importation, manufacture, 5 distribution, advertising, selling, offering for 6 sale, or other use of any goods or services, a false 7 description or representation, including words or 8 other symbols, tending to falsely describe or 9 represent such goods as being those of Plaintiff. 10 7. Each party shall bear its own fees and costs of suit. 11 8. This Consent Decree shall be deemed to have been 12 served upon Defendant and Cross-Defendant at the time of its 13 execution by the Court. 14 9. The Court finds there is no just reason for delay in 15 entering this Consent Decree and, pursuant to Rule 54(a) of the 16 Federal Rules of Civil Procedure, the Court directs immediate 17 entry of this Consent Decree against Defendant and Cross- 18 Defendant. 19 10. The Court shall retain jurisdiction of this action to 20 entertain such further proceedings and to enter such further 21 orders as may be necessary or appropriate to implement and 22 enforce the provisions of this Consent Decree. 23 24 11. Except as provided herein, all claims alleged in the Complaint and Counterclaim are dismissed with prejudice. 25 26 27 28 DATED: June 16, 2014 Hon. Virginia A. Phillips United States District Judge - 4 – CONSENT DECREE PURSUANT TO STIPULATION 1 2 YARMOSKI LAW GROUP 3 4 5 By: _____________________ John Yarmoski Attorneys for Plaintiff Eagle Tech Computers, Inc. 6 7 8 9 10 11 LAW OFFICES OF BIN LI & ASSOCIATES By: _____________________ Bin Li Attorneys for Defendant Discounts Online, Inc. 12 13 BRYON Y. CHUNG, APC 14 15 16 17 By: _____________________ Bryon Y. Chung Attorneys for Defendant Discounts Online, Inc. 18 19 LAW OFFICES OF MARK E. GOODFRIEND 20 21 22 23 By: _____________________ Mark E. Goodfriend Attorneys for Cross-Defendant Westco, Inc. 24 25 26 27 28 EXHIBIT A - 5 – CONSENT DECREE PURSUANT TO STIPULATION 1 2 PLAINTIFF EAGLE TECH COMPUTERS, INC.’s TRADEMARK 3 Trademark: EAGLE ARION 4 5 Mark Drawing Code: Word 6 Trademark Registration No.: 3918096 7 Trademark Registration Date: February 8, 2011 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 6 – CONSENT DECREE PURSUANT TO STIPULATION

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