Calcar et al v. The California Cars Initiative et al

Filing 189

FINAL JUDGMENT by Judge Andrew J. Guilford. (1) Judgment is granted in favor of Defendants and against Plaintiffs... (2) Defendants are the prevailing parties on Plaintiffs' Complaint. Costs are to be awarded by application to the Clerk of the Court. (3) Any request for attorney's fees will be separately considered upon a properly noticed motion. (4) The Clerk is ordered to enter this judgment forthwith. (db)

William C. Rooklidge (SBN 134483) 1 HOWREY LLP 4 Park Plaza, Suite 1700 2 Irvine, CA 92614-2559 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] 4 E-mail: [e-mail] 5 Bobby A. Ghajar (SBN 198719) HOWREY LLP 6 550 South Hope Street, Suite 1100 Los Angeles, California 90071 7 Telephone: [phone] Facsimile: [phone] 8 E-mail: [e-mail] E-mail: [e-mail] 9 Attorneys for Defendants 10 The California Cars Initiative, Inc. and Felix Kramer 11 12 13 14 15 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION

16 CALCAR, INC., a California ) Case No. SACV07-723-AG(JWJx) Corporation; and AMERICAN CALCAR, ) 17 INC., a Delaware corporation, ) FINAL JUDGMENT ) 18 Plaintiffs, ) ) 19 vs. ) ) 20 THE CALIFORNIA CARS INITIATIVE, ) INC., an unknown business entity; and ) 21 FELIX KRAMER, an individual, ) ) 22 Defendants. ) ) 23 ) 24 25 The Court, having considered the parties' cross-motions for summary judgment, 26 all responses thereto, and oral argument; having taken the matter under submission on 27 September 8, 2008; and having issued an Order dated October 8, 2008 granting 28
HOWREY LLP

DM_US:21523992_1

1 Defendants The California Cars Initiative and Felix Kramer's ("Defendants") motion 2 for summary judgment dismissing Plaintiffs Calcar, Inc. and American Calcar, Inc.'s. 3 ("Plaintiffs") claims; 4 5 IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. Judgment is granted in favor of Defendants and against Plaintiffs on each

6 claim asserted by Plaintiffs in their Complaint, specifically, (1) federal trademark 7 infringement; (2) false designation of origin; (3) California trademark dilution; (4) 8 common law trademark infringement and unfair competition; and (5) California unfair 9 competition. 10 12 14 15 16 17 18 Dated: November 04, 2008 19 20 21 22 23 24 25 26
HOWREY LLP

2. 3. 4.

Defendants are the prevailing parties on Plaintiffs' Complaint. Costs are to Any request for attorney's fees will be separately considered upon a The Clerk is ordered to enter this judgment forthwith.

11 be awarded by application to the Clerk of the Court. 13 properly noticed motion.

Honorable Andrew J. Guilford

27 28
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