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

Filing 105

FINAL JUDGMENT BY CONSENT UNDER RULE 54(b) INCLUDING PERMANENT INJUNCTIVE RELIEF AS TO DEFENDANT MARCOS BURGOS by Judge John W. Holcomb. It is ORDERED, ADJUDGED, and DECREED as follows: Burgos is permanently enjoined and restrained: Fro m directly or indirectly engaging in any further trademark counterfeiting, trademark infringement, trademark dilution, unfair competition, or deceptive business practices relating to the Subject Trademarks, including the SKITTLES Mark and Trade Dress, the STARBURST Mark and Trade Dress, the LIFE SAVERS Mark and Trade Dress, the SNICKERS Mark and Trade Dress, and the 3 MUSKETEERS Mark and Trade Dress, or any other trademarks or trade dress owned by Plaintiffs; From making , manufacturing, advertising, marketing, offering, selling, or distributing any products that feature, copy, imitate, simulate, or are confusingly similar to, or are likely to dilute the distinctive nature of, or tarnish the goodwill of, the S ubject Trademarks, including the SKITTLES Mark and Trade Dress, the STARBURST Mark and Trade Dress, the LIFE SAVERS Mark and Trade Dress, the SNICKERS Mark and Trade Dress, and the 3 MUSKETEERS Mark and Trade Dress, or any other trademarks or tra de dress owned by Plaintiffs. This Final Judgment by Consent shall have no effect on any of Plaintiffs claims against any other defendants to this action besides Burgos. Notwithstanding the foregoing, this Court shall retain jurisdiction over this action, as it relates to Burgos, to enforce this Final Judgment by Consent and the terms of the Settlement Agreement. IT IS SO ORDERED. (See document for further details) (yl)

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Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 1 of 20 Page ID #:1303 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 12 WM. WRIGLEY JR. COMPANY, a Delaware corporation; and MARS, INCORPORATED, a Delaware corporation, 13 Plaintiffs, 11 14 15 16 17 18 19 20 21 22 23 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 MARCOS BURGOS Defendants. 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 2 of 20 Page ID #:1304 This matter having come before the Court for the entry of Final Judgment by 1 2 Consent Under Rule 54(b) Including Permanent Injunctive Relief as to Defendant 3 Marcos Burgos (“Burgos”) 1, with the consent of plaintiffs Wm. Wrigley Jr. 4 Company (“Wrigley”) and Mars, Incorporated (“Mars,” and, together with Wrigley, 5 “Plaintiffs”) and Burgos (Plaintiffs and Burgos are collectively referred to herein as 6 the “Parties,” and each individually as a “Party”), in accordance with Rule 54(b) of 7 the Federal Rules of Civil Procedure, it is ORDERED, ADJUDGED, and 8 DECREED as follows: 1. 9 10 personal jurisdiction over him. Burgos waives all defenses of lack of jurisdiction 11 over his person, improper venue, insufficiency of process, and insufficiency of 12 service of process. 13 2. This Court has subject matter jurisdiction over this action. 14 3. The Parties agree to submit to the jurisdiction of this Court to enforce 15 the provisions of this Final Judgment by Consent Under Rule 54(b) Including 16 Permanent Injunctive Relief as to Defendant Marcos Burgos (the “Final Judgment 17 by Consent”) worldwide. 4. 18 19 21 5. Plaintiff Mars is a Delaware corporation with its principal place of business at 6885 Elm Street, McLean, Virginia 22101. 6. 22 23 Plaintiff Wrigley is a Delaware corporation with its principal place of business at 1132 West Blackhawk Street, Chicago, Illinois 60642. 20 Defendant Burgos is an individual residing in Riverside County, California. 7. 24 Wrigley is a recognized global leader in confections and, together with 25 its affiliates, offers a wide range of product offerings including gum, mints, and 26 candies. Wrigley markets products under dozens of well-known, distinctive, and 27 28 Loeb & Loeb Burgos has been properly served and consents to the Court exercising A Limited Liability Partnership Including Professional Corporations Defendant Marcos Burgos was erroneously named as Marco Burgos in Plaintiffs’ First Amended Complaint [Dkt. No. 76]. 1 2 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 3 of 20 Page ID #:1305 1 famous brands, including SKITTLES®, STARBURST®, LIFE SAVERS®, 2 DOUBLEMINT®, and JUICY FRUIT®, to name a few. 3 8. Wrigley and its predecessors have long marketed candy and related 4 products under the famous SKITTLES® mark and trade dress, which features, 5 among other things, the word mark SKITTLES® in white block lettering, distinctive 6 rainbow designs, distinctive candy-coated lentils with an “S” imprinted thereon, and 7 a cascade design of these candy lentils (hereinafter referred to as the “Skittles Trade 8 Dress”), examples of which are shown below: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 3 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 4 of 20 Page ID #:1306 1 2 3 4 5 6 7 8 9 For 50 years, Wrigley and its predecessors-in-interest have 10 continuously used the SKITTLES® mark to advertise, promote, and sell candy 11 throughout the United States. 12 10. Wrigley has earned billions of dollars in revenues from the sale of 13 SKITTLES® candy in the United States. Many millions of people throughout the 14 country have purchased or consumed SKITTLES® candy. In fact, SKITTLES® 15 candy has been the best-selling non-chocolate candy in the United States for years. 16 11. Wrigley has invested many millions of dollars to promote SKITTLES® 17 candy. Wrigley’s advertisements and commercials for SKITTLES® have been seen 18 by many millions of people nationwide. Wrigley advertises SKITTLES® candy 19 during the Super Bowl and other highly watched events. 20 12. Based on the wide-spread and long-standing use and recognition of the 21 SKITTLES® brand, Wrigley enjoys extensive trademark rights in the SKITTLES® 22 mark and the Skittles Trade Dress. 23 Loeb & Loeb 9. 13. Wrigley owns numerous federal registrations for its SKITTLES® mark 24 and the Skittles Trade Dress, including, but not limited to, U.S. Reg. Nos. 25 1,221,105; 2,535,714; 4,377,303; and 4,983,664 (such federal registrations, 26 collectively with the common law trademark rights in the SKITTLES® mark and 27 Skittles Trade Dress, are hereinafter referred to as the “SKITTLES® Mark and 28 Trade Dress”). A Limited Liability Partnership Including Professional Corporations 4 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 5 of 20 Page ID #:1307 1 14. Similarly, Wrigley and its predecessors have long marketed candy and 2 related products under the famous STARBURST® mark and trade dress, which 3 features, among other things, the word mark STARBURST® in stylized lettering 4 and distinctive wrappers with an “S” imprinted thereon (hereinafter referred to as 5 the “Starburst Trade Dress”), examples of which are shown below: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 For 50 years, Wrigley and its predecessors-in-interest have 21 continuously used the STARBURST® mark to advertise, promote, and sell candy 22 throughout the United States. 23 16. Wrigley has earned billions of dollars in revenue from the sale of 24 STARBURST® candy in the United States. Many millions of people throughout 25 the country have purchased or consumed STARBURST® candy. 26 Loeb & Loeb 15. 17. Wrigley has invested many millions of dollars to promote 27 STARBURST® candy. Wrigley’s advertisements and commercials for 28 STARBURST® have been seen by many millions of people nationwide. A Limited Liability Partnership Including Professional Corporations 5 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 6 of 20 Page ID #:1308 1 18. Based on the wide-spread and long-standing use and recognition of the 2 STARBURST® brand, Wrigley enjoys extensive trademark rights in the 3 STARBURST® mark and the Starburst Trade Dress. 4 19. Wrigley owns numerous federal registrations for its STARBURST® 5 mark and trade dress, including, but not limited to, U.S. Reg. Nos. 1,000,007; 6 1,545,544; 4,179,436; 4,268,392; and 4,625,960 (such federal registrations, 7 collectively with the common law trademark rights in the STARBURST® mark and 8 Starburst Trade Dress, are hereinafter referred to as the “STARBURST® Mark and 9 Trade Dress”). 10 20. Additionally, Wrigley and its predecessors have long marketed candy 11 and related products under the famous LIFE SAVERS® mark and trade dress, 12 which features, among other things, the word mark LIFE SAVERS® in stylized 13 lettering and distinctive circular candies with “LIFE SAVERS” imprinted thereon 14 (hereinafter referred to as the “Life Savers Trade Dress”). An example of LIFE 15 SAVERS® packaging is shown below: 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 6 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 7 of 20 Page ID #:1309 1 For 50 years, Wrigley and its predecessors-in-interest have 2 continuously used the LIFE SAVERS® mark to advertise, promote, and sell candy 3 throughout the United States. 4 22. Wrigley has earned billions of dollars in revenue from the sale of LIFE 5 SAVERS® candy in the United States. Many millions of people throughout the 6 country have purchased or consumed LIFE SAVERS® candy. 7 23. Wrigley has invested many millions of dollars to promote LIFE 8 SAVERS® candy. Wrigley’s advertisements and commercials for LIFE SAVERS® 9 have been seen by many millions of people nationwide. 10 24. Based on the wide-spread and long-standing use and recognition of the 11 LIFE SAVERS® brand, Wrigley enjoys extensive trademark rights in the LIFE 12 SAVERS® mark and the Life Savers Trade Dress. 13 25. Wrigley owns numerous federal registrations for its LIFE SAVERS® 14 mark and trade dress, including, but not limited to, U.S. Reg. Nos. 115,895; 15 236,694; 1,130,067; 2,358,709; 4,214,036; and 4,769,489 (such federal registrations 16 collectively with the common law trademark rights in the LIFE SAVERS® mark 17 and Life Savers Trade Dress, are hereinafter referred to as the “LIFE SAVERS® 18 Mark and Trade Dress”). 19 26. Mars is a recognized global leader in chocolates, confections, and other 20 food products. Mars offers a wide range of product offerings, including chocolate 21 bars, under dozens of well-known, distinctive, and famous brands, including 22 SNICKERS®, 3 MUSKETEERS®, MILKY WAY®, M&M’S®, and TWIX®, to 23 name a few. 24 Loeb & Loeb 21. 27. Mars has long marketed candy and related products under the famous 25 SNICKERS® mark and trade dress, which features, among other things, the word 26 mark SNICKERS® in blue block lettering in a parallelogram outlined in red 27 (hereinafter referred to as the “Snickers Trade Dress”), examples of which are 28 shown below: A Limited Liability Partnership Including Professional Corporations 7 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 8 of 20 Page ID #:1310 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 28. For almost 100 years, Mars has continuously used the SNICKERS® mark to advertise, promote, and sell chocolate bars throughout the United States. 29. Mars has earned billions of dollars in revenues from the sale of 25 SNICKERS® candy and other SNICKERS® branded products in the United States. 26 Many millions of people throughout the country have purchased or consumed 27 SNICKERS® candy and other SNICKERS® branded products. In fact, the 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 8 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 9 of 20 Page ID #:1311 1 SNICKERS® chocolate bar has been one of the best-selling chocolate bars in the 2 United States for years. 3 30. Mars has invested many millions of dollars to promote SNICKERS® 4 candy. Mars’ advertisements and commercials for SNICKERS® have been seen by 5 many millions of people nationwide. Mars has advertised SNICKERS® candy 6 during the Super Bowl and other highly watched events. 7 31. Based on the wide-spread and long-standing use and recognition of the 8 SNICKERS® brand, Mars enjoys extensive trademark rights in the SNICKERS® 9 mark and the Snickers Trade Dress. 10 32. Mars owns numerous federal registrations for its SNICKERS® mark, 11 parallelogram design, and chocolate bar design, including, but not limited to, U.S. 12 Reg. Nos. 239,311; 1,270,149; 1,563,583; 1,593,286; 2,061,849; 2,082,946; 13 2,104,555; 2,911,432; 3,063,755; 3,120,788; 5,047,574; 6,465,002; and 6,480,397 14 (such federal registrations, collectively with the common law trademark rights in the 15 SNICKERS® mark and Snickers Trade Dress, are hereinafter referred to as the 16 “SNICKERS® Mark and Trade Dress”). 17 33. Similarly, Mars has long marketed candy and related products under 18 the famous 3 MUSKETEERS® mark and trade dress, which features, among other 19 things, the word mark 3 MUSKETEERS® in stylized red lettering outlined in blue 20 and the number 3 inside a blue shield design (hereinafter referred to as the “3 21 Musketeers Trade Dress”), an example of which is shown below: 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 9 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 10 of 20 Page ID #:1312 1 2 3 34. For 90 years, Mars has continuously used the 3 MUSKETEERS® mark to advertise, promote, and sell chocolate bars throughout the United States. 35. Mars has earned millions of dollars in revenues from the sale of 3 4 MUSKETEERS® candy in the United States. Many millions of people throughout 5 the country have purchased or consumed 3 MUSKETEERS® chocolate products. 6 In fact, the 3 MUSKETEERS® chocolate bar has been a popular chocolate bar in 7 the United States for years. 8 9 10 11 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. 37. Based on the wide-spread and long-standing use and recognition of the 12 3 MUSKETEERS® brand, Mars enjoys extensive trademark rights in the 3 13 MUSKETEERS® mark and the 3 Musketeers Trade Dress. 14 38. Mars owns federal registrations for its 3 MUSKETEERS® mark and 15 the 3-shield design, including, but not limited to, U.S. Reg. Nos. 1,272,036; 16 1,683,918; 2,675,569; 3,338,622; and 5,596,164 (such federal registrations, 17 collectively with the common law trademark rights in the 3 MUSKETEERS® mark 18 and 3 Musketeers Trade Dress, are hereinafter referred to as the “3 19 MUSKETEERS® Mark and Trade Dress”). 20 39. Each of the above-referenced trademark registrations are valid, 21 subsisting, and in full force under 15 U.S.C. § 1065, and, together with Plaintiffs’ 22 extensive common law rights, make the SKITTLES® Mark and Trade Dress, 23 STARBURST® Mark and Trade Dress, and LIFE SAVERS® Mark and Trade 24 Dress (collectively, the “Wrigley Trademarks”), and the SNICKERS® Mark and 25 Trade Dress and 3 MUSKETEERS® Mark and Trade Dress (collectively, the “Mars 26 Trademarks” and, together with the Wrigley Trademarks, the “Subject 27 Trademarks”) valuable assets owned by Plaintiffs. 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 10 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 11 of 20 Page ID #:1313 1 2 3 4 5 40. Burgos helped engage in the marketing and offering for sale of edible cannabis candy products. 41. Burgos promoted third parties which used the Subject Trademarks, without authorization or license, in the marketing of his products. 42. Specifically, Burgos has helped engage in the marketing of products 6 online via the 2020ediblez website, located at https://www.2020ediblez.com/, which 7 violated Plaintiffs’ rights in the Subject Trademarks. Those products include: 8 (1) “Skittles 500mg” (sold in four flavors: “Green,” “Yellow,” “Blue,” and 9 “Purple”); (2) “Sour candy coated chews 500mg”; (3) “Candy coated fruit chews 10 Medicated 10 pack”; (4) “Cannaburst 500mg Starburst Gummies Edibles” (sold in 11 three flavors: “Sours,” “Berry,” and “Tropical”); (5) “Starbuds Gummies” (sold in 12 two flavors: “Sour Berry” and “Original”); (6) “Lifesavers Medicated Gummies 13 600mg”; (7) “Berry ring medicated gummies 600mg”; (8) “Life Savers CBD 14 Gummies 200mg”; (9) “Berry Ring cbd gummies 200mg”; (10) “1000mg THC wax 15 bar w peanuts and caramel (10-Pack)”; (11) “3 Marijuanas chocolate bar 100mg 16 (10-Pack)”; and (12) “1000mg chocolate candy – Medicated edibles (SINGLE 17 BAR).” These products, collectively referred to as the “2020ediblez Infringing 18 Products,” are pictured below as they appear or appeared on 2020ediblez’s website: 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 11 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 12 of 20 Page ID #:1314 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 12 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 13 of 20 Page ID #:1315 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 13 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 14 of 20 Page ID #:1316 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 14 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 15 of 20 Page ID #:1317 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 15 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 16 of 20 Page ID #:1318 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 16 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 17 of 20 Page ID #:1319 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 17 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 18 of 20 Page ID #:1320 1 43. 2 disregard of, Plaintiffs’ intellectual property rights, and with the intent to take 3 advantage of the good will that Plaintiffs have developed in the Subject Trademarks. 4 44. Burgos’ complained-of acts above constitute the following: 5 a. 6 U.S.C. § 1114; 7 b. 8 10 c. Infringement of the Subject Trademarks in violation of 15 U.S.C. Dilution of the inherently distinctive and famous Subject Trademarks in violation of 15 U.S.C. § 1125(c); d. 11 12 Counterfeiting of the Subject Trademarks in violation of 15 §§ 1114 and 1125(a); 9 Unfair competition and deceptive acts and practices in violation of 15 U.S.C. § 1125(a)(1)(A); e. 13 Unlawful, unfair, and/or fraudulent acts or business practices, 14 including unfair, deceptive, untrue, and misleading advertising, in violation of 15 California Business and Professions Code §§ 17200, et seq.; f. 16 Dilution of the inherently distinctive and famous Subject 17 Trademarks in violation of California Business and Professions Code 18 § 14247; 19 g. Unfair competition and deceptive acts and practices in violation 20 of common law. 21 45. This is an exceptional case in accordance with 15 U.S.C. § 1117. 22 46. Burgos is permanently enjoined and restrained: 23 Loeb & Loeb Burgos took such actions with full knowledge of, and in willful a. From directly or indirectly engaging in any further trademark 24 counterfeiting, trademark infringement, trademark dilution, unfair 25 competition, or deceptive business practices relating to the Subject 26 Trademarks, including the SKITTLES® Mark and Trade Dress, the 27 STARBURST® Mark and Trade Dress, the LIFE SAVERS® Mark and 28 Trade Dress, the SNICKERS® Mark and Trade Dress, and the 3 A Limited Liability Partnership Including Professional Corporations 18 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 19 of 20 Page ID #:1321 1 MUSKETEERS® Mark and Trade Dress, or any other trademarks or trade 2 dress owned by Plaintiffs; b. 3 4 selling, or distributing any products that feature, copy, imitate, simulate, or 5 are confusingly similar to, or are likely to dilute the distinctive nature of, or 6 tarnish the goodwill of, the Subject Trademarks, including the SKITTLES® 7 Mark and Trade Dress, the STARBURST® Mark and Trade Dress, the LIFE 8 SAVERS® Mark and Trade Dress, the SNICKERS® Mark and Trade Dress, 9 and the 3 MUSKETEERS® Mark and Trade Dress, or any other trademarks 10 or trade dress owned by Plaintiffs; c. 11 From representing by any means whatsoever, directly or 12 indirectly, that any products sold or services rendered by Burgos are 13 associated with, sponsored by, licensed by, and/or connected or affiliated with 14 Plaintiffs, or from otherwise taking any action likely to cause confusion, 15 mistake, or deception on the part of purchasers as to the origin or licensing of 16 Burgos’ products or services; d. 17 18 20 From otherwise competing unfairly with Plaintiffs in any manner or engaging in deceptive conduct; e. 19 Loeb & Loeb From making, manufacturing, advertising, marketing, offering, From continuing to perform in any manner whatsoever any of the acts complained of in the First Amended Complaint as to Plaintiffs; and 21 f. From causing, engaging in, or permitting others to do any of the 22 aforesaid acts. 23 47. Burgos shall immediately recall from all distribution channels any 24 products, packaging, advertising, and promotional materials bearing or infringing on 25 the Subject Trademarks, including the SKITTLES® Mark and Trade Dress, 26 STARBURST® Mark and Trade Dress, LIFE SAVERS® Mark and Trade Dress, 27 SNICKERS® Mark and Trade Dress, 3 MUSKETEERS® Mark and Trade Dress, or 28 any other trademarks or trade dress owned by Plaintiffs. A Limited Liability Partnership Including Professional Corporations 19 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS Case 5:21-cv-00777-JWH-SHK Document 105 Filed 01/17/23 Page 20 of 20 Page ID #:1322 1 48. Burgos shall immediately deliver to Plaintiffs’ counsel for destruction 2 any products, packaging, advertising, and promotional materials that are in his 3 possession, custody, or control, bearing or infringing on the Subject Trademarks, 4 including the SKITTLES® Mark and Trade Dress, STARBURST® Mark and Trade 5 Dress, LIFE SAVERS® Mark and Trade Dress, SNICKERS® Mark and Trade 6 Dress, 3 MUSKETEERS® Mark and Trade Dress, or any other trademarks or trade 7 dress owned by Plaintiffs, pursuant to 15 U.S.C. § 1118. Any electronic equivalents 8 of such materials shall be immediately deleted. 9 49. Burgos shall immediately cease sales of the products described above 10 in any location on the Internet, including any other websites owned or operated by 11 Burgos or any of his affiliates, and any social media platforms owned or operated by 12 Burgos or any of his affiliates. Burgos shall immediately account for and disgorge 13 to Plaintiffs any profits wrongfully derived by his unlawful conduct. 14 50. The Parties shall comply with the terms of the confidential settlement 15 agreement entered into by and between the Parties and executed concurrently with 16 their stipulation to this Final Judgment by Consent (the “Settlement Agreement”), 17 the terms of which are incorporated herein by reference. 18 51. This Final Judgment by Consent shall have no effect on any of 19 Plaintiffs’ claims against any other defendants to this action besides Burgos. 20 Notwithstanding the foregoing, this Court shall retain jurisdiction over this action, 21 as it relates to Burgos, to enforce this Final Judgment by Consent and the terms of 22 the Settlement Agreement. 23 IT IS SO ORDERED. 24 25 26 Dated: January 17 , 2023 The Honorable John W. Holcomb UNITED STATES DISTRICT JUDGE 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 20 FINAL JUDGMENT BY CONSENT RE: MARCOS BURGOS

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