K and N Engineering, Inc. v. Leea Customs, Inc. et al
Filing
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FINAL JUDGMENT AND PERMANENT INJUNCTION UPON STIPULATION AND CONSENT AGAINST DEFENDANTS LEEA CUSTOMS, INC. AND EDWARD A. EHMER AND THEIR AGENTS ETC. Defendants shall reimburse K&N for its fees and costs, including attorneys fees and court costs, incurred in this action up to the entry of this Final Judgment and Permanent Injunction in the sum of $10,000.00, payable upon entry of Judgment herein by Judge S. James Otero (SEE DOCUMENT FOR SPECIFICS). (MD JS-6. Case Terminated) (lc)
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Tara L. Martin (SBN: 189168)
Evan M. Rothman (SBN: 271313)
GORDON & REES LLP
2211 Michelson Drive, Suite 400
Irvine, CA 92612
Telephone: (949) 255-6950
Facsimile: (949) 474-2060
JS-6
Harold L. Collins (SBN: 68161)
K&N ENGINEERING, INC.
1455 Citrus Street
Riverside, California 92507
Telephone: (951) 237-1560
Facsimile: (951) 826-4003
Attorneys for Plaintiff
K&N ENGINEERING, INC.
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION
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K&N ENGINEERING, INC., a
California corporation,
Plaintiff,
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vs.
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LEEA CUSTOMS, INC., A Nevada
corporation; and EDWARD A. EHMER,
an individual,
CASE NO. 5:15-cv-00552-SJO-PJWx
FINAL JUDGMENT AND
PERMANENT INJUNCTION
AGAINST DEFENDANTS LEEA
CUSTOMS, INC. AND EDWARD
A. EHMER
Defendants.
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Plaintiff K&N Engineering, Inc. (“K&N”), by and through its counsel of
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record, Gordon & Rees, LLP, and Defendants Leea Customs, Inc. and Edward A.
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Ehmer (collectively “Defendants”), have executed a Stipulation for Entry of Final
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Judgment and Permanent Injunction providing for the final resolution of all claims
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of relief pending between them and have agreed to the entry of this Final Judgment
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and Permanent Injunction.
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Accordingly, having considered all papers and pleadings on file in this
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action, including the fully executed Stipulation for Entry of Final Judgment and
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Permanent Injunction, and having determined that K&N and Defendants (the
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“Parties”) have provided written consent to the entry of Final Judgment and
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Permanent Injunction, it is hereby ORDERED that:
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1.
This Court has jurisdiction over the Parties.
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2.
This Court has subject matter jurisdiction over this matter pursuant to
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28 U.S.C. §§ 1338 and 1367, and venue is proper in this Judicial District pursuant
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to 28 U.S.C. §§ 1391 and 1392.
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3.
This Court finds that K&N holds United States Trademark
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Registrations and foreign trademark registrations for its marks used in connection
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with its numerous products. K&N is the owner of the stylized
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service mark registration Nos. 1,536,024; 2,581,371 and 3,692,417 (hereinafter
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collectively “K&N Mark”), used in connection with the advertising, marketing and
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sales of its numerous air filters and oil filter products.
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4.
mark, U.S.
This Court finds that K&N has been manufacturing and selling air
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filter products under its K&N marks for more than 40 years and oil filter products
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for over 13 years. K&N’s products, including the K&N crankcase vent filter
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(“K&N Product”), prominently display the K&N Mark
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5.
This Court finds that Defendants created an aftermarket automotive
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part that incorporated the K&N Product to create a modified oil filler cap, or
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“breather,” for certain models of Corvette automobiles and that Defendants
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permanently affixed the K&N Product to one or more other components and sold
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these unified parts as a single part they called a “breather” bearing the
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aforementioned stylized K&N Mark (the “Infringing Product”).
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Defendants are ordered to produce to Plaintiff, within 10 days of entry
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of this Judgment herein, all business records that relate to or evidence the number
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of K&N Products Defendants purchased and all business records that relate to or
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evidence the number of Infringing Products sold and to whom each such Infringing
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Product was sold, and shall produce within 10 days of any written request by
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Plaintiff such additional records as Plaintiff may request to reasonably establish the
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number of K&N Products Defendants purchased, the number of Infringing
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Products Defendants sold, and to whom each such Infringing Product was sold.
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Defendants are ordered to surrender to Plaintiff, within 10 days of
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entry of this Judgment herein, any remaining inventory of Infringing Products in
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Defendants’ possession or under its control, or in the possession or under the
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control of Defendants’ subsidiaries, parent and/or affiliated companies, successors,
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assigns, officers, directors, representatives, agents, partners, and/or employees, or
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those acting in concert or participation with Defendants.
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Defendants, including any subsidiaries, parent and/or affiliated
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companies, successors, assigns, officers, directors, representatives, agents,
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partners, and/or employees, and all those acting in concert or participation with
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Defendants, are further ordered, in connection with the manufacture, marketing
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and sale of automobile parts to immediately:
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(a)
Cease and desist all current use and hereafter refrain from the use of
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any and all products bearing or incorporating the K&N Mark or any
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other marks, words, phrases, pictures, or names similar to the K&N
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Mark and/or incorporating the name “K&N” or any of Plaintiff’s other
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registered trademarks in the manufacture, marketing and/or sale of
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automobile parts. This provision shall not enjoin or preclude
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Defendants from advertising, marketing or selling Plaintiff’s products
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bearing the K&N Mark or any of Plaintiff’s other registered
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trademarks, provided the subject product is being advertised,
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marketed or sold in its original form or condition, as manufactured or
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distributed by Plaintiff, and has not been altered or modified by
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incorporation or consolidation with another part or component, or
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modified or altered in any other manner, from its original form or
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condition, and further provided that the advertising, marketing or
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selling of such products is not misleading or confusing as to source,
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features, traits, characteristics, specifications, warranties or other facts
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affecting or relating to said products;
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(b)
Remove all marks, words, phrases, pictures, logos or names similar to
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the K&N Mark or any other marks, words, phrases, pictures, or names
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similar to the K&N Mark and/or incorporating the name “K&N”, or
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any of Plaintiff’s other registered trademarks, from all advertisements,
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marketing and promotional materials, printed materials, and any
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websites that Defendants control or maintain, including, but not
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limited to, www.nakidparts.com, and refrain from such uses in the
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future, except as to the advertising, marketing and selling of Plaintiff’s
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products bearing the K&N Mark or any of Plaintiff’s other registered
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trademarks, provided the subject product is being advertised,
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marketed or sold in its original form or condition, as manufactured or
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distributed by Plaintiff, and has not been altered or modified by
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incorporation or consolidation with another part or component, or
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altered or modified in any other manner from its original form or
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condition, and further provided that the advertising, marketing or
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selling of such products is not misleading or confusing as to source,
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features, traits, characteristics, specifications, warranties or other facts
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affecting or relating to said products;
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(c)
Remove all references to “K&N” or any other marks, words, phrases,
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pictures, or names similar to the K&N Mark or incorporating the
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name “K&N”, or any of Plaintiff’s other registered trademarks, in any
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domain name registration and/or use in any top-level domain relating
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to, involving, or referencing any website that Defendants control or
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maintain, and refrain from such uses in the future; and
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(d)
Cease marketing and selling the Infringing Product.
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No bond shall be required to secure this Final Judgment and
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Permanent Injunction.
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This Permanent Injunction, upon approval and entry by this Court
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herein, shall have the force and effect of a permanent injunction entered into by the
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Court following a fully contested trial on the merits.
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The Court shall maintain continuing jurisdiction over the enforcement
of this Final Judgment and Permanent Injunction, and shall have jurisdiction to
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make any orders or findings necessary to effectuate and enforce this Final
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Judgment and Permanent Injunction, including the authority to award damages,
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civil penalties and other monetary relief authorized by law, including but not
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limited to sanctions for contempt of court, for any violation of the Final Judgment
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and Permanent Injunction.
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Any party that violates the terms of this Final Judgment and
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Permanent Injunction shall be liable for attorneys’ fees related to the enforcement
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of the same.
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This Final Judgment and Permanent Injunction shall be binding upon
and inure to the benefit of the Parties, and their successors and assigns.
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The claims in K&N’s Complaint against Defendants that are not
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adjudicated by this Final Judgment and Permanent Injunction are hereby dismissed
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without prejudice.
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Defendants waive all rights to appeal this Final Judgment and
Permanent Injunction.
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Defendants shall reimburse K&N for its fees and costs, including
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attorneys’ fees and court costs, incurred in this action up to the entry of this
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[Proposed] Final Judgment and Permanent Injunction in the sum of Ten Thousand
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Dollars ($10,000.00), payable upon entry of Judgment herein.
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This is a Final Judgment and is enforceable upon entry. The Parties
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have waived findings of fact, conclusions of law, a statement of decision, and any
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right to set aside this Judgment, to appeal herefrom, to seek a new trial, or
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otherwise contest the validity or enforceability of this Final Judgment and
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Permanent Injunction in any way whatsoever, either directly or collaterally.
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Service on any then current member, manager, or officer of Defendant
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Leea Customs, Inc., of a copy of this Judgment and Permanent Injunction shall
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constitute notice to Defendant Leea Customs, Inc.
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IT IS SO ORDERED.
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Dated:_May 28, 2015
_____________________________
Hon. S. James Otero
U.S. District Court Judge
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1102829/23635118v.1
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