Monster Energy Company v. Integrated Supply Network, LLC

Filing 634

STIPULATED FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION [JS-6] by Judge Consuelo B. Marshall: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED ASFOLLOWS: DEFENDANT ISN IS HEREBY PERMANENTLY ENJOINED FROM: (a) any further manufacturing, distributing, s hipping, advertising, marketing, promoting, importing, displaying, selling or offering to sell (including, but not limited to, through retail outlets, mobile distributors and on any websites or social media such as excesstools.com,tooltopia.com, mobi ledealer.com and monster-tools.com) (collectively the Prohibited Conduct) any products, packaging, labelling or services that bear, display, or include any trademark or name that uses or includes, in whole or in part, the word Monster, or any tradema rk or name confusingly similar thereto, or any variant, derivative, or misspelling of the word Monster, such as Monstrous, Monstrosity, or Monsta (hereinafter Infringing Marks); Pursuant to Rule 65(d)(2) of the Federal Rules of Civil Procedure, this injunction shall bind ISNs officers, agents, servants, employees, and attorneys, successors and assigns, and all other persons who are in active concert or participation with any of the aforementioned persons. Each party will bear its own costs and a ttorneys fees for this action. This Order is not appealable because the parties have agreed to its terms. This Court shall retain jurisdiction over this matter for all purposes, including for the purpose of enforcing the terms and provisions of this Stipulated Consent Judgment and Permanent Injunction. IT IS SO ORDERED. See order for further details. in favor of Monster Energy Company against Integrated Supply Network, LLC Related to: Stipulation for Order 633 . ( MD JS-6. Case Terminated ), PERMANENT INJUNCTION filed by Judge Consuelo B. Marshall against Defendant Integrated Supply Network, LLC (MD JS-6. Case Terminated) (shb)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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)
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)
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Plaintiff,
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v.
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INTEGRATED SUPPLY NETWORK, )
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LLC, a Florida limited liability
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company,
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Defendant.
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AND RELATED COUNTERCLAIMS. )
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MONSTER ENERGY COMPANY, a
Delaware corporation,

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DB1/ 122041776.3

Case No. 5:17-cv-00548-CBM-RAOx
STIPULATED FINAL CONSENT
JUDGMENT AND PERMANENT
INJUNCTION [JS-6]
Hon. Consuelo B. Marshall

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Whereas Plaintiff Monster Energy Company (“Monster”) and Defendant

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Integrated Supply Network, LLC (“ISN”), in order to avoid further irreparable

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harm to Monster, consent and agree to the terms and conditions of this

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Stipulated Consent Judgment and Permanent Injunction.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS

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FOLLOWS:

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1.

On March 22, 2017, Monster initiated this action by filing a

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Complaint against ISN in the Central District of California for trademark

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infringement, trade dress infringement, false designation of origin, and unfair

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competition.

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2.

The Court has personal jurisdiction over each of the parties to this

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action. The Court also has subject matter jurisdiction over this action pursuant

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to 15 U.S.C. §§ 1116 and 1121(a), 28 U.S.C. § 1331, 1338, and 1367(a). Venue

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is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c).

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3.

Final judgment is entered in favor of Monster and against ISN on

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Monster’s (1) First Claim for Relief for trademark infringement, trade dress

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infringement, and false designation of origin pursuant to 15 U.S.C. § 1125(a);

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(2)

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to 15 U.S.C. § 1114; (3) Third Claim for Relief for unfair competition in

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violation of Cal. Bus. Prof. Code §§ 17200, et seq.; and (4) Fourth Claim for

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Relief for unfair competition in violation of California common law.

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Second

4.

Claim

for

Relief

for

trademark

infringement

pursuant

DEFENDANT ISN IS HEREBY PERMANENTLY ENJOINED

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FROM:

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(a)

any

further

manufacturing,

distributing,

shipping,

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advertising, marketing, promoting, importing, displaying,

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selling or offering to sell (including, but not limited to,

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through retail outlets, mobile distributors and on any

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DB1/ 122041776.3

websites

or

social
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media

such

as

excesstools.com,

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tooltopia.com, mobiledealer.com and monster-tools.com)

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(collectively the “Prohibited Conduct”) any products,

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packaging, labelling or services that bear, display, or include

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any trademark or name that uses or includes, in whole or in

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part, the word “Monster,” or any trademark or name

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confusingly similar thereto, or any variant, derivative, or

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misspelling of the word Monster, such as Monstrous,

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Monstrosity, or Monsta (hereinafter “Infringing Marks”);

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and

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(b)

Engaging in any Prohibited Conduct in connection with any

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products or services that bear, display or include Monster

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Energy Company’s trade dress having the combination of the

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colors green and black in combination with the word

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“Monster,” or any variant, derivative, or misspelling of the

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word Monster, such as Monstrous, Monstrosity, or Monsta

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or any trade dress confusingly similar thereto (hereinafter

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“Infringing Trade Dress”).

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5.

Except as permitted by Paragraph 6, within ten (10) days after

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entry of this Permanent Injunction, ISN shall destroy all existing

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advertising, promotional materials, catalogs, or any other

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documents in its possession, custody, or control, reflecting or

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relating to any Prohibited Conduct regarding products or services

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that contain the Infringing Marks and/or the Infringing Trade

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Dress, and shall destroy all infringing inventory in ISN’s

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possession, custody, or control that contains the Infringing Marks

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and/or Infringing Trade Dress. Five (5) days after completing this

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destruction, ISN shall certify that destruction and report to both

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DB1/ 122041776.3

counsel for Monster Energy Company and this Court that the
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destruction of these materials and inventory has been fully

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completed.

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6.

ISN shall be permitted to retain all records related to its prior

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activities, to service, replace or repair products it has previously

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sold that feature the Infringing Marks and/or Infringing Trade

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Dress, and to otherwise act in compliance with any government or

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industry recalls, mandates, or regulations as to those products. ISN

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shall not provide any replacement product or component that bears

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the Infringing Marks or Infringing Trade Dress.

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7.

Pursuant to Rule 65(d)(2) of the Federal Rules of Civil Procedure,

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this injunction shall bind ISN’s officers, agents, servants,

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employees, and attorneys, successors and assigns, and all other

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persons who are in active concert or participation with any of the

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aforementioned persons.

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8.

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action.
9.

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Each party will bear its own costs and attorneys’ fees for this
This Order is not appealable because the parties have agreed to its
terms.

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This Court shall retain jurisdiction over this matter for all purposes,

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including for the purpose of enforcing the terms and provisions of

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this Stipulated Consent Judgment and Permanent Injunction.

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IT IS SO ORDERED.

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Dated: JUNE 17, 2021

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Hon. Consuelo B. Marshall
United States District Judge

DB1/ 122041776.3

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APPROVED AS TO FORM:
KNOBBE, MARTENS, OLSON & BEAR,
LLP

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4 Dated: June 14, 2021
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/s/ Brian C. Horne
Steven J. Nataupsky
Joseph R. Re
Lynda J. Zadra-Symes
Paul A. Stewart
Brian C. Horne
Yanna S. Bouris
Marko R. Zoretic
Jason A. Champion
Attorneys for Plaintiff, MONSTER ENERGY
COMPANY

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/s/ Cassandra B. Merrick (with permission)
By: Christopher W. Madel
Jennifer M. Robbins
Cassandra B. Merrick
Stephen M. Premo

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Attorneys for Defendant, Integrated Supply
Network

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MADEL PA

35069178

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DB1/ 122041776.3

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