Buzzballz, LLC. v. Buzzbox Beverages, Inc. et al

Filing 139

JUDGMENT ON VERDICT: awarded no actual damages to BUZZBALLZ. Plaintiff BUZZBALLZ, INC. recover nothing from Defendants BUZZBOXBEVERAGES, INC. and BENDISTILLERY, INC. by Judge William D. Keller (MD JS-6, Case Terminated). (lc)

1
2

JS-6

3
4
5
6
7
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
EASTERN DIVISION

8
9
10

BUZZBALLZ, L.L.C., a Texas Limited
Liability Company,

11

Plaintiff/Counterclaim Defendant,

12
13
14
15

vs.
BUZZBOX BEVERAGES, INC.,
a Nevada Corporation; and
BENDISTILLERY, INC., an Oregon
Corporation, d/b/a BUZZBOX, d/b/a
BUZZBOX COCKTAILS, and d/b/a
BUZZBOX BEVERAGES,

16
Defendants/Counterclaim Plaintiffs.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 5:14-cv-01725
Assigned to Hon. William D. Keller

JUDGMENT ON THE VERDICT

Trial Date: June 7-10, 2016
Courtroom: 9

17
A trial before a jury was held on June 7, 2016 through June 10, 2016 in the
18
above-captioned matter.

Plaintiff BUZZBALLZ, L.L.C. (“BUZZBALLZ”) and

19
Defendants BUZZBOX BEVERAGES, INC. (“BUZZBOX”) and BENDISTILLERY,
20
INC. (“BENDISTILLERY”) were each represented by counsel. On June 10, 2016, the
21
JUDGMENT ON THE VERDICT

PAGE 1

1 jury returned a verdict, finding (1) that BUZZBOX’s use of its word mark for the term
2 “BuzzBox” (U.S. Reg. 4,618,174) (the “BuzzBox Word Mark”) has not caused a
3 likelihood of confusion with BuzzBallz’ marks for the term “BuzzBallz” (U.S. Reg.
4 3,865,524 & 4,498,235) (the “BuzzBallz Marks”); (2) that BUZZBOX’s use of its
5 graphic mark for the term “BuzzBox” (U.S. Reg. 4,646,160) (the “BuzzBox Graphic
6 Mark”) has caused a likelihood of confusion with the BuzzBallz Marks; and (3) that
7 BENDISTILLERY had not used either the BuzzBox Graphic Mark or the BuzzBox
8 Word Mark in a way that has caused a likelihood of confusion with the BuzzBallz
9 Marks. The jury awarded no actual damages to BUZZBALLZ.
10

Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that

11 Plaintiff BUZZBALLZ, INC. recover nothing from Defendants BUZZBOX
12 BEVERAGES, INC. and BENDISTILLERY, INC.
13 IT IS SO ORDERED
14 Dated: June 27, 2016
______________________________________
HON. WILLIAM D. KELLER
UNITED STATES DISTRICT JUDGE

15
16
Approved as to form and content.
17
18

/s/John T. Wilson
Attorney for Plaintiff

19
20

/s/Shaun M. Murphy
Attorney for Defendants

21
JUDGMENT ON THE VERDICT

PAGE 2