Wm. Wrigley Jr. Company v. Roberto Conde et al

Filing 104

FINAL JUDGMENT BY CONSENT UNDER RULE 54(b) INCLUDING PERMANENT INJUNCTIVE RELIEF AS TO DEFENDANT YAUHENIYA LIS D/B/A GASBUDS by Judge John W. Holcomb. IT is ORDERED, ADJUDGED, and DECREED as follows: Within thirty (30) days of the entry of this Final Judgment by Consent, Lis shall file with the Court and serve on counsel for Plaintiffs a sworn written statement as provided in 15 U.S.C. § 1116(a) setting forth in detail the manner and form in which Lis has complied with the permanent injunction. Lis shall immediately recall from all distribution channels any products, packaging, advertising, and promotional materials bearing or infringing on the Subject Trademarks, including the SKITTLES Mark and Trade Dress, STARBURST Mark and Trade Dress, LIFE SAVERS Mark and Trade Dress, SNICKERS Mark and Trade Dress, 3 MUSKETEERS Mark and Trade Dress, MILKY WAY Mark and Trade Dress, or any other trademarks or trade dress owned by Plaintiffs. Lis shall immediately d eliver to Plaintiffs' counsel for destruction any products, packaging, advertising, and promotional materials bearing or infringing on the Subject Trademarks, including the SKITTLES Mark and Trade Dress. Lis' wrongful conduct is deemed to be willful and this judgment is, therefore, non-dischargeable in the event she files for bankruptcy, pursuant to 11 U.S.C. § 523(a)(6). (See document for further details) (yl)

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 1 of 29 Page ID #:1274

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WM. WRIGLEY JR. COMPANY, a
Delaware corporation; and MARS,
INCORPORATED, a Delaware
corporation,
Plaintiffs,
v.
ROBERTO CONDE d/b/a
2020EDIBLEZ, an individual; JOEL
LEDESMA d/b/a INLAND EMPIRE
420 SUPPLY, an individual; JESSICA
MOHR, an individual; STEPHEN
MATA d/b/a OC 420 COLLECTION,
an individual; YAUHENIYA LIS d/b/a
GASBUDS, an individual; EDWARD
AWAD d/b/a CANNABIS 420
SUPPLY, an individual; GREEN RUSH
EXTRACTS LLC, a California limited
liability company; MARCO BURGOS
d/b/a 2020EDIBLEZ, an individual; and
DOES 4 through 10,

Case No.: 5:21-cv-00777 JWH
(SHKx)
FINAL JUDGMENT BY
CONSENT UNDER RULE 54(b)
INCLUDING PERMANENT
INJUNCTIVE RELIEF AS TO
DEFENDANT YAUHENIYA LIS
D/B/A GASBUDS

Defendants.

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 2 of 29 Page ID #:1275

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Consent Under Rule 54(b) Including Permanent Injunctive Relief as to Defendant

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Yauheniya Lis d/b/a GasBuds (“Lis”), with the consent of plaintiffs Wm. Wrigley

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Jr. Company (“Wrigley”) and Mars, Incorporated (“Mars,” and, together with

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Wrigley, “Plaintiffs”) and Lis (Plaintiffs and Lis are collectively referred to herein

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as the “Parties,” and each individually as a “Party”), in accordance with Rule 54(b)

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of the Federal Rules of Civil Procedure, it is ORDERED, ADJUDGED, and

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DECREED as follows:

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1.

Lis has been properly served and consents to the Court exercising

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personal jurisdiction over her. Lis waives all defenses of lack of jurisdiction over

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her person, improper venue, insufficiency of process, and insufficiency of service of

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process.

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2.

This Court has subject matter jurisdiction over this action.

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3.

The Parties agree to submit to the jurisdiction of this Court to enforce

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the provisions of this Final Judgment by Consent Under Rule 54(b) Including

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Permanent Injunctive Relief as to Defendant Yauheniya Lis d/b/a GasBuds (the

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“Final Judgment by Consent”) worldwide.

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4.

Plaintiff Wrigley is a Delaware corporation with its principal place of

business at 1132 West Blackhawk Street, Chicago, Illinois 60642.
5.

Plaintiff Mars is a Delaware corporation with its principal place of

business at 6885 Elm Street, McLean, Virginia 22101.
6.

Defendant Lis is an individual residing in Los Angeles County,

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California and has at all relevant times participated in the complained of activities

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by the business known as GasBuds, which has conducted its operations through the

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website located at https://www.gasbuds.com/.

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Loeb & Loeb

This matter having come before the Court for the entry of Final Judgment by

7.

Wrigley is a recognized global leader in confections and, together with

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its affiliates, offers a wide range of product offerings including gum, mints, and

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candies. Wrigley markets products under dozens of well-known, distinctive, and

A Limited Liability Partnership
Including Professional
Corporations

2

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 3 of 29 Page ID #:1276

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famous brands, including SKITTLES®, STARBURST®, LIFE SAVERS®,

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DOUBLEMINT®, and JUICY FRUIT®, to name a few.

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Wrigley and its predecessors have long marketed candy and related

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products under the famous SKITTLES® mark and trade dress, which features,

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among other things, the word mark SKITTLES® in white block lettering, distinctive

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rainbow designs, distinctive candy-coated lentils with an “S” imprinted thereon, and

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a cascade design of these candy lentils (hereinafter referred to as the “Skittles Trade

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Dress”), examples of which are shown below:

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

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FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 4 of 29 Page ID #:1277

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For 50 years, Wrigley and its predecessors-in-interest have

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continuously used the SKITTLES® mark to advertise, promote, and sell candy

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throughout the United States.

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10.

Wrigley has earned billions of dollars in revenues from the sale of

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SKITTLES® candy in the United States. Many millions of people throughout the

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country have purchased or consumed SKITTLES® candy. In fact, SKITTLES®

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candy has been the best-selling non-chocolate candy in the United States for years.

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11.

Wrigley has invested many millions of dollars to promote SKITTLES®

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candy. Wrigley’s advertisements and commercials for SKITTLES® have been seen

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by many millions of people nationwide. Wrigley advertises SKITTLES® candy

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during the Super Bowl and other highly watched events.

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12.

Based on the wide-spread and long-standing use and recognition of the

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SKITTLES® brand, Wrigley enjoys extensive trademark rights in the SKITTLES®

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mark and the Skittles Trade Dress.

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Loeb & Loeb

9.

13.

Wrigley owns numerous federal registrations for its SKITTLES® mark

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and the Skittles Trade Dress, including, but not limited to, U.S. Reg. Nos.

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1,221,105; 2,535,714; 4,377,303; and 4,983,664 (such federal registrations,

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collectively with the common law trademark rights in the SKITTLES® mark and

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Skittles Trade Dress, are hereinafter referred to as the “SKITTLES® Mark and

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Trade Dress”).

A Limited Liability Partnership
Including Professional
Corporations

4

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 5 of 29 Page ID #:1278

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14.

Similarly, Wrigley and its predecessors have long marketed candy and

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related products under the famous STARBURST® mark and trade dress, which

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features, among other things, the word mark STARBURST® in stylized lettering

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and distinctive wrappers with an “S” imprinted thereon (hereinafter referred to as

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the “Starburst Trade Dress”), examples of which are shown below:

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For 50 years, Wrigley and its predecessors-in-interest have

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continuously used the STARBURST® mark to advertise, promote, and sell candy

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throughout the United States.

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16.

Wrigley has earned billions of dollars in revenue from the sale of

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STARBURST® candy in the United States. Many millions of people throughout

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the country have purchased or consumed STARBURST® candy.

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Loeb & Loeb

15.

17.

Wrigley has invested many millions of dollars to promote

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STARBURST® candy. Wrigley’s advertisements and commercials for

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STARBURST® have been seen by many millions of people nationwide.

A Limited Liability Partnership
Including Professional
Corporations

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FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 6 of 29 Page ID #:1279

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18.

Based on the wide-spread and long-standing use and recognition of the

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STARBURST® brand, Wrigley enjoys extensive trademark rights in the

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STARBURST® mark and the Starburst Trade Dress.

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Wrigley owns numerous federal registrations for its STARBURST®

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mark and trade dress, including, but not limited to, U.S. Reg. Nos. 1,000,007;

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1,545,544; 4,179,436; 4,268,392; and 4,625,960 (such federal registrations,

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collectively with the common law trademark rights in the STARBURST® mark and

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Starburst Trade Dress, are hereinafter referred to as the “STARBURST® Mark and

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Trade Dress”).

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20.

Additionally, Wrigley and its predecessors have long marketed candy

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and related products under the famous LIFE SAVERS® mark and trade dress,

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which features, among other things, the word mark LIFE SAVERS® in stylized

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lettering and distinctive circular candies with “LIFE SAVERS” imprinted thereon

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(hereinafter referred to as the “Life Savers Trade Dress”). An example of LIFE

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SAVERS® packaging is shown below:

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

6

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 7 of 29 Page ID #:1280

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For 50 years, Wrigley and its predecessors-in-interest have

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continuously used the LIFE SAVERS® mark to advertise, promote, and sell candy

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throughout the United States.

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Wrigley has earned billions of dollars in revenue from the sale of LIFE

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SAVERS® candy in the United States. Many millions of people throughout the

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country have purchased or consumed LIFE SAVERS® candy.

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Wrigley has invested many millions of dollars to promote LIFE

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SAVERS® candy. Wrigley’s advertisements and commercials for LIFE SAVERS®

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have been seen by many millions of people nationwide.

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24.

Based on the wide-spread and long-standing use and recognition of the

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LIFE SAVERS® brand, Wrigley enjoys extensive trademark rights in the LIFE

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SAVERS® mark and the Life Savers Trade Dress.

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25.

Wrigley owns numerous federal registrations for its LIFE SAVERS®

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mark and trade dress, including, but not limited to, U.S. Reg. Nos. 115,895;

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236,694; 1,130,067; 2,358,709; 4,214,036; and 4,769,489 (such federal registrations

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collectively with the common law trademark rights in the LIFE SAVERS® mark

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and Life Savers Trade Dress, are hereinafter referred to as the “LIFE SAVERS®

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Mark and Trade Dress”).

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Mars is a recognized global leader in chocolates, confections, and other

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food products. Mars offers a wide range of product offerings, including chocolate

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bars, under dozens of well-known, distinctive, and famous brands, including

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SNICKERS®, 3 MUSKETEERS®, MILKY WAY®, M&M’S®, and TWIX®, to

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name a few.

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Loeb & Loeb

21.

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Mars has long marketed candy and related products under the famous

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SNICKERS® mark and trade dress, which features, among other things, the word

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mark SNICKERS® in blue block lettering in a parallelogram outlined in red

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(hereinafter referred to as the “Snickers Trade Dress”), examples of which are

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shown below:

A Limited Liability Partnership
Including Professional
Corporations

7

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

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For almost 100 years, Mars has continuously used the SNICKERS®

mark to advertise, promote, and sell chocolate bars throughout the United States.
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Mars has earned billions of dollars in revenues from the sale of

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SNICKERS® candy and other SNICKERS® branded products in the United States.

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Many millions of people throughout the country have purchased or consumed

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SNICKERS® candy and other SNICKERS® branded products. In fact, the

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

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FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 9 of 29 Page ID #:1282

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SNICKERS® chocolate bar has been one of the best-selling chocolate bars in the

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United States for years.

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30.

Mars has invested many millions of dollars to promote SNICKERS®

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candy. Mars’ advertisements and commercials for SNICKERS® have been seen by

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many millions of people nationwide. Mars has advertised SNICKERS® candy

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during the Super Bowl and other highly watched events.

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Based on the wide-spread and long-standing use and recognition of the

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SNICKERS® brand, Mars enjoys extensive trademark rights in the SNICKERS®

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mark and the Snickers Trade Dress.

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32.

Mars owns numerous federal registrations for its SNICKERS® mark,

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parallelogram design, and chocolate bar design, including, but not limited to, U.S.

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Reg. Nos. 239,311; 1,270,149; 1,563,583; 1,593,286; 2,061,849; 2,082,946;

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2,104,555; 2,911,432; 3,063,755; 3,120,788; 5,047,574; 6,465,002; and 6,480,397

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(such federal registrations, collectively with the common law trademark rights in the

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SNICKERS® mark and Snickers Trade Dress, are hereinafter referred to as the

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“SNICKERS® Mark and Trade Dress”).

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Similarly, Mars has long marketed candy and related products under

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the famous 3 MUSKETEERS® mark and trade dress, which features, among other

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things, the word mark 3 MUSKETEERS® in stylized red lettering outlined in blue

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and the number 3 inside a blue shield design (hereinafter referred to as the “3

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Musketeers Trade Dress”), an example of which is shown below:

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

9

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

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34.

For 90 years, Mars has continuously used the 3 MUSKETEERS® mark

to advertise, promote, and sell chocolate bars throughout the United States.
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Mars has earned millions of dollars in revenues from the sale of 3

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MUSKETEERS® candy in the United States. Many millions of people throughout

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the country have purchased or consumed 3 MUSKETEERS® chocolate products.

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In fact, the 3 MUSKETEERS® chocolate bar has been a popular chocolate bar in

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the United States for years.

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36.

Mars has invested many millions of dollars to promote 3

MUSKETEERS® candy. Mars’ advertisements and commercials for 3
MUSKETEERS® have been seen by many millions of people nationwide.
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Based on the wide-spread and long-standing use and recognition of the

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3 MUSKETEERS® brand, Mars enjoys extensive trademark rights in the 3

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MUSKETEERS® mark and the 3 Musketeers Trade Dress.

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38.

Mars owns federal registrations for its 3 MUSKETEERS® mark and

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the 3-shield design, including, but not limited to, U.S. Reg. Nos. 1,272,036;

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1,683,918; 2,675,569; 3,338,622; and 5,596,164 (such federal registrations,

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collectively with the common law trademark rights in the 3 MUSKETEERS® mark

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and 3 Musketeers Trade Dress, are hereinafter referred to as the “3

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MUSKETEERS® Mark and Trade Dress”).

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Additionally, Mars has long marketed candy and related products under

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the famous MILKY WAY® mark and trade dress, which features, among other

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things, the word mark MILKY WAY® in stylized lettering on a swirled ellipse

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design (hereinafter referred to as the “Milky Way Trade Dress”), examples of which

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are shown below:

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

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FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

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For 100 years, Mars has continuously used the MILKY WAY® mark

to advertise, promote, and sell chocolate bars throughout the United States.
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Mars has earned millions of dollars in revenues from the sale of

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MILKY WAY® candy and other MILKY WAY® branded products in the United

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States. Many millions of people throughout the country have purchased or

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consumed MILKY WAY® candy. In fact, the MILKY WAY® chocolate bar has

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been a popular chocolate bar in the United States for years.

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42.

Mars has invested many millions of dollars to promote MILKY

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WAY® candy. Mars’ advertisements and commercials for MILKY WAY® have

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been seen by many millions of people nationwide.

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43.

Based on the wide-spread and long-standing use and recognition of the

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MILKY WAY® brand, Mars enjoys extensive trademark rights in the MILKY

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WAY® mark and the Milky Way Trade Dress.

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Loeb & Loeb

40.

A Limited Liability Partnership
Including Professional
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44.

Mars owns numerous federal registrations for its MILKY WAY®

mark, including, but not limited to, U.S. Reg. Nos. 1,161,203; 1,272,034; 1,508,474;
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FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

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1,533,492; 2,316,816; 2,335,708; 2,430,868; 2,498,018; 2,514,593; and 4,535,789

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(such federal registrations, collectively with the common law trademark rights in the

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MILKY WAY® mark and Milky Way Trade Dress, are hereinafter referred to as the

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“MILKY WAY® Mark and Trade Dress”).

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Each of the above-referenced trademark registrations are valid,

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subsisting, and in full force under 15 U.S.C. § 1065, and, together with Plaintiffs’

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extensive common law rights, make the SKITTLES® Mark and Trade Dress,

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STARBURST® Mark and Trade Dress, and LIFE SAVERS® Mark and Trade

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Dress (collectively, the “Wrigley Trademarks”), and the SNICKERS® Mark and

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Trade Dress, 3 MUSKETEERS® Mark and Trade Dress, and MILKY WAY® Mark

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and Trade Dress (collectively, the “Mars Trademarks” and, together with the

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Wrigley Trademarks, the “Subject Trademarks”) valuable assets owned by

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Plaintiffs.

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46.

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45.

Lis, doing business as GasBuds, has engaged in the marketing of edible

cannabis candy products.
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Lis used the Subject Trademarks, without authorization or license, in

the marketing of her products.
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Specifically, Lis has marketed the products online via the GasBuds

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website, located at https://www.gasbuds.com/, which violates Plaintiffs’ rights in the

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Subject Trademarks. Those products include: (1) “Medicated Sour Skittles 600mg

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THC”; (2) “Medicated Sour Skittles – 400mg THC”; (3) “Medicated Yellow Sour

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Skittles – 400mg THC”; (4) “High Tolerance Concentrates Skittlez – 1g Cartridge”;

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(5) “High Tolerance – Shorty’s 5 personal infused pre-rolls (Blue Skittles)”;

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(6) “BPB – Zerbert (ZkittlesXSunsent Sherbert) – 3.5g”; (7) “CANABOTANICA

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Shake – Cherry Pie X Sherbert X Zkitles 28g”; (8) “High Tolerance Live Resin

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Concentrates – Watermelon Zkittlez – 1g Cartridge”; (9) “High Tolerance

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Concentrates ZKITTLES – 1g Cartridge”; (10) “Interface Live Resin Cart –

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Watermelon Zkittlez 1G”; (11) “Stndrd Company Zkittles – Disposable 500mg”;

A Limited Liability Partnership
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D/B/A GASBUDS

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(12) “WARRIORS Zkittles – Cartridge 1g”; (13) “STARBUDS Gummies – 500mg

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THC”; (14) “STARBUDS Medicated Gummies Original – 500mg THC”;

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(15) “STARBUDS Medicated Gummies Sour – 500mg THC”; (16) “Medicated

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Cannaburst Gummies – 500mg THC”; (17) “Mini Starbuds Medicated Gummies –

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408mg THC”; (18) “Medicated Life Savers Gummies Wild Berries 600mg”;

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(19) “Love Saverz Gummies – Collisions 600mg”; (20) “THC Sni*kers Chocolate

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Bar – 1000mg”; (21) “THC Chocolate Bar (like a sni**ers) – 1000mg”; (22) “3

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Marijuanas Chocolate Bar – 1000mg”; and (23) “THC Chocolate Milky Weed –

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1000mg thc.” These products, collectively referred to as the “GasBuds Infringing

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Products,” are pictured below as they appear or appeared on GasBud’s website:

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D/B/A GASBUDS

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FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

19

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 20 of 29 Page ID
#:1293

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

20

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 21 of 29 Page ID
#:1294

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

21

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 22 of 29 Page ID
#:1295

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

22

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 23 of 29 Page ID
#:1296

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

23

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 24 of 29 Page ID
#:1297

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

24

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 25 of 29 Page ID
#:1298

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With respect to the SKITTLES® Mark and Trade Dress, Lis adopted

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and used the SKITTLES® mark in plain text and white block lettering, distinctive

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rainbow designs, images of candy-coated lentils with an “S” imprinted thereon,

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and/or a design featuring such candy lentils cascading along an upside-down

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rainbow, marks and trade dress that are identical to, substantially indistinguishable

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from, and/or imitations of the SKITTLES® Mark and Trade Dress and the marks

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and logos in the SKITTLES® registrations.

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50.

With respect to the STARBURST® Mark and Trade Dress, Lis adopted

and used the STARBURST® and “Starbuds” marks with stylized lettering and

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images of square candies with a stylized “S” imprinted thereon, marks and trade

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dress that are identical to, substantially indistinguishable from, and/or imitations of

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the STARBURST® Mark and Trade Dress and the marks and logos in the

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STARBURST® registrations.

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51.

With respect to the LIFE SAVERS® Mark and Trade Dress, Lis

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adopted and used images of the LIFE SAVERS® distinctive circular candies, marks

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and trade dress that are identical to, substantially indistinguishable from, and/or

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imitations of the LIFE SAVERS® Mark and Trade Dress and the marks and logos

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in the LIFE SAVERS® registrations.

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52.

With respect to the SNICKERS® Mark and Trade Dress, Lis adopted

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and used the SNICKERS® mark in blue block lettering in a parallelogram outlined

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in red, marks and trade dress that are identical to, substantially indistinguishable

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from, and/or imitations of the SNICKERS® Mark and Trade Dress and the marks

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and logos in the SNICKERS® registrations.

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Loeb & Loeb

49.

53.

With respect to the 3 MUSKETEERS® Mark and Trade Dress, Lis

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adopted and used the mark and trade dress featuring the number “3” inside a blue

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shield design, marks and trade dress that are identical to, substantially

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indistinguishable from, and/or imitations of the 3 MUSKETEERS® Mark and Trade

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Dress and the marks and logos in the 3 MUSKETEERS® registrations.

A Limited Liability Partnership
Including Professional
Corporations

25

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 26 of 29 Page ID
#:1299

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54.

a.

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Counterfeiting of the SKITTLES® Mark and Trade Dress, the

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STARBURST® Mark and Trade Dress, the LIFE SAVERS® Mark and

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Trade Dress, the SNICKERS® Mark and Trade Dress, and the 3

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MUSKETEERS® Mark and Trade Dress in violation of 15 U.S.C. § 1114;
b.

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c.
d.

Unfair competition and deceptive acts and practices in violation

of 15 U.S.C. § 1125(a)(1)(A);
e.

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Dilution of the inherently distinctive and famous Subject

Trademarks in violation of 15 U.S.C. § 1125(c);

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Infringement of the Subject Trademarks in violation of 15 U.S.C.

§§ 1114 and 1125(a);

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Violation of California Business and Professions Code §§ 17200,

et seq.;
f.

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Dilution of the inherently distinctive and famous Subject

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Trademarks in violation of California Business and Professions Code

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§ 14247.

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55.

This is an exceptional case in accordance with 15 U.S.C. § 1117.

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56.

Lis and her respective agents, servants, employees, successors, assigns,

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attorneys, and all other persons acting in concert or in participation with or affiliated

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with Lis, jointly and severally, are permanently enjoined and restrained:

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Loeb & Loeb

Lis’ complained-of acts above constitute the following:

a.

From directly or indirectly engaging in any further trademark

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counterfeiting, trademark infringement, trademark dilution, unfair

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competition, or deceptive business practices relating to the Subject

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Trademarks, including the SKITTLES® Mark and Trade Dress, the

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STARBURST® Mark and Trade Dress, the LIFE SAVERS® Mark and

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Trade Dress, the SNICKERS® Mark and Trade Dress, the 3

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MUSKETEERS® Mark and Trade Dress, and the MILKY WAY® Mark and

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Trade Dress, or any other trademarks or trade dress owned by Plaintiffs;

A Limited Liability Partnership
Including Professional
Corporations

26

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 27 of 29 Page ID
#:1300

b.

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selling, or distributing any products that feature, copy, imitate, simulate, or

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are confusingly similar to, or are likely to dilute the distinctive nature of, or

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tarnish the goodwill of, the Subject Trademarks, including the SKITTLES®

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Mark and Trade Dress, the STARBURST® Mark and Trade Dress, the LIFE

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SAVERS® Mark and Trade Dress, the SNICKERS® Mark and Trade Dress,

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the 3 MUSKETEERS® Mark and Trade Dress, and the MILKY WAY®

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Mark and Trade Dress, or any other trademarks or trade dress owned by

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Plaintiffs;
c.

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From representing by any means whatsoever, directly or

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indirectly, that any products sold or services rendered by Lis and/or GasBuds

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are associated with, sponsored by, licensed by, and/or connected or affiliated

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with Plaintiffs, or from otherwise taking any action likely to cause confusion,

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mistake, or deception on the part of purchasers as to the origin or licensing of

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Lis’ and/or GasBud’s products or services;
d.

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From otherwise competing unfairly with Plaintiffs in any manner

or engaging in deceptive conduct;
e.

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From continuing to perform in any manner whatsoever any of the

acts complained of in the First Amended Complaint as to Plaintiffs; and

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f.

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aforesaid acts.

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57.

From causing, engaging in, or permitting others to do any of the

Within thirty (30) days of the entry of this Final Judgment by Consent,

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Lis shall file with the Court and serve on counsel for Plaintiffs a sworn written

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statement as provided in 15 U.S.C. § 1116(a) setting forth in detail the manner and

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form in which Lis has complied with the permanent injunction.

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Loeb & Loeb

From making, manufacturing, advertising, marketing, offering,

58.

Lis shall immediately recall from all distribution channels any

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products, packaging, advertising, and promotional materials bearing or infringing on

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the Subject Trademarks, including the SKITTLES® Mark and Trade Dress,

A Limited Liability Partnership
Including Professional
Corporations

27

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 28 of 29 Page ID
#:1301

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STARBURST® Mark and Trade Dress, LIFE SAVERS® Mark and Trade Dress,

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SNICKERS® Mark and Trade Dress, 3 MUSKETEERS® Mark and Trade Dress,

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MILKY WAY® Mark and Trade Dress, or any other trademarks or trade dress

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owned by Plaintiffs.

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59.

Lis shall immediately deliver to Plaintiffs’ counsel for destruction any

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products, packaging, advertising, and promotional materials bearing or infringing on

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the Subject Trademarks, including the SKITTLES® Mark and Trade Dress,

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STARBURST® Mark and Trade Dress, LIFE SAVERS® Mark and Trade Dress,

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SNICKERS® Mark and Trade Dress, 3 MUSKETEERS® Mark and Trade Dress,

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MILKY WAY® Mark and Trade Dress, or any other trademarks or trade dress

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owned by Plaintiffs, pursuant to 15 U.S.C. § 1118. Any electronic equivalents of

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such materials shall be immediately deleted.

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60.

Lis shall immediately cease sales of the products described above on

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the GasBuds website, located at https://www.gasbuds.com/, and in any other

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locations on the Internet, including other websites owned or operated by Lis or any

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of her affiliates, and any social media platforms owned or operated by Lis or any of

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her affiliates.

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61.

Lis’ wrongful conduct is deemed to be willful and this judgment is,

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therefore, non-dischargeable in the event she files for bankruptcy, pursuant to 11

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U.S.C. § 523(a)(6).

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62.

The Parties shall comply with the terms of the confidential settlement

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agreement entered into by and between the Parties and executed concurrently with

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their stipulation to this Final Judgment by Consent (the “Settlement Agreement”),

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the terms of which are incorporated herein by reference.

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63.

This Final Judgment by Consent shall have no effect on any of

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Plaintiffs’ claims against any other defendants to this action besides Lis.

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Notwithstanding the foregoing, this Court shall retain jurisdiction over this action,

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

28

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS

Case 5:21-cv-00777-JWH-SHK Document 104 Filed 01/17/23 Page 29 of 29 Page ID
#:1302

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as it relates to Lis, to enforce this Final Judgment by Consent and the terms of the

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Settlement Agreement.

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IT IS SO ORDERED

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Dated:

January 17 , 2023

The Honorable John W. Holcomb
UNITED STATES DISTRICT JUDGE

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Loeb & Loeb

A Limited Liability Partnership
Including Professional
Corporations

29

FINAL JUDGMENT BY CONSENT RE: LIS
D/B/A GASBUDS