Pfizer Inc. et al v. Urban Stash Spot Clothing, Inc. et al

Filing 22

JUDGMENT AND PERMANENT INJUNCTION by Judge Virginia A. Phillips related to: Stipulation for Judgment 21 . (See document for specifics.) (MD JS-6, Case Terminated). (iva)

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JS-6

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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PFIZER INC; PHARMACIA &
UPJOHN COMPANY LLC,

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Plaintiffs,

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v.

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FINAL JUDGMENT AND
PERMANENT INJUNCTION

URBAN STASH SPOT CLOTHING,
INC.; JERMARIO FIELDS,

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Case No. 5:16-cv-00081-VAP (KKx)

Defendants.

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ORDER AND PROHIBITED PRACTICES

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IT IS HEREBY ORDERED THAT:

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A.
B.

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Pfizer shall have judgment in its favor against Defendants.
Defendants and their officers, directors, agents, employees, servants,

attorneys, successors, assigns and others controlling, controlled by or affiliated with
Defendants and all those in privity or active concert or participation with any of the
foregoing (including without limitation each advertiser, publisher, manufacturer,
63345768

JOINT STIPULATION AND [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

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distributor or reseller of Defendants’ products), and all those who receive actual

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notice by personal service or otherwise are enjoined:

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i.

from using on or in connection with any products or in any other

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medium or manner whatsoever, for any purpose, (a) the XANAX

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mark, or any other mark, name or designation that is confusingly

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or substantially similar to the XANAX mark or that dilutes the

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XANAX mark; and (b) any version of the XANAX logo, or any

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other mark or trade dress confusingly similar thereto or dilutive

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thereof;

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ii.

from stating, implying, or suggesting in any way that plaintiffs or

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the XANAX brand or any other of plaintiffs’ brands have

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sponsored, endorsed, or authorized any product made, advertised,

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distributed, or sold by Defendants; and

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iii.

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C.

from otherwise competing unfairly with Pfizer.

Defendants shall immediately recall from all chains of distribution and

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disable all internet access to all goods, product packaging, product displays,

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promotional materials, advertisements, commercials, infomercials and other items,

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the dissemination by Defendants of which would violate the injunction herein

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requested;

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D.

Defendants shall immediately take down any online material that

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displays the XANAX trademark or any similar mark, whether in pictures or in text,

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including, but not limited to, on the Urban Stash website, Facebook, Instagram, and

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other social media websites, eBay, and any other website;

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E.

Defendants shall immediately cease all advertisement, distribution, and

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sales of any products using the XANAX trademark or any similar mark on all

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websites, social media accounts and other channels, including, but not limited to, the

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Urban Stash website, Facebook, Instagram, eBay, and any other website;

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F.

Defendants shall immediately cease all advertisement, distribution, and
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63345768

JOINT STIPULATION AND [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

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sales of any products using the XANAX trademark or any similar mark in any

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offline channel;

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G.

Defendants shall immediately deliver up for destruction to counsel for

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Pfizer any and all goods, product packaging, product displays, promotional

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materials, advertisements, commercials and other items in the possession, custody, or

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control of Defendants which, if sold, displayed, or used, would violate the injunction

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herein granted;

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H.

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Defendants shall immediately disable all web sites to the extent they

contain any content, the display or use of which would violate the injunction herein
requested;

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I.

Pursuant to Section 34(a) of the Lanham Act, 15 U.S.C. § 1116(a),

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Defendants shall serve upon plaintiffs within thirty (30) days after service on

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Defendants of an order granting an injunction, or such extended period as the Court

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may direct, a report in writing under oath setting forth in detail the manner and form

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in which Defendants have complied with this Final Judgment and Permanent

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Injunction.

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J.

Failure to comply with this order may subject Defendants to civil and

criminal penalties, payment of attorney’s fees, and other penalties and relief.

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IT IS SO ORDERED.

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Dated: March 7, 2016

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______________________________
Hon. Virginia A. Phillips
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION