Nautilus Inc v. Mark Medford et al

Filing 47

CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge Josephine Staton Tucker, in favor of Nautilus Inc against Greg Medford, Josh Medford, Mark Medford. See judgment for more informatin. Related to: Notice 46 (MD JS-6, Case Terminated). (twdb)

JS-6

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NOTE: CHANGES MADE BY THE COURT

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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NAUTILUS, INC., a Washington
11 Corporation,
Plaintiff,

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vs.

14 MARK MEDFORD, an individual;
JOSH MEDFORD, an individual;
15 GREG MEDFORD, an individual; and
DOES ONE through TEN, inclusive,
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Defendant.
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Case No. SACV10-01339-JST (MLGx)
CONSENT JUDGMENT AND
PERMANENT INJUNCTION
AGAINST DEFENDANTS MARK
MEDFORD, JOSH MEDFORD,
AND GREG MEDFORD

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CONSENT JUDGMENT AND PERMANENT INJUNCTION

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Plaintiff Nautilus, Inc. (“Plaintiff”), and Defendants Mark Medford, Josh

20 Medford, and Greg Medford (“Defendants”), having settled this action on terms
21 agreeable to all parties, it is hereby ORDERED, ADJUDGED and DECREED as
22 follows:
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1.

Defendants shall pay to Plaintiffs the sum of $1,000,000.00 in statutory

24 damages under the Lanham Act, 15 U.S.C. § 1117(c), in accordance with the terms of
25 the Settlement Agreement entered into by the parties on August 18, 2011.
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2.

Defendants, and their agents, servants, attorneys and employees, and all

27 persons in active concert or participation with them, are hereby permanently enjoined
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1 from:
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a.

purchasing, importing, distributing, selling, or offering for sale,

3 counterfeit good bearing trademarks owned by Plaintiff, or assisting, aiding or abetting
4 any other person or entity in doing so;
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b.

using Plaintiff’s trademarks or trademarks confusingly similar

6 therewith, or any trade dress inherent in Plaintiff’s goods or any trade dress confusingly
7 similar therewith, or assisting, aiding or abetting any other person or entity in doing so;
8 or
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c.

importing, distributing, selling, or offering for sale, exercise

10 equipment infringing patents owned by Plaintiff, or assisting, aiding or abetting any
11 other person or entity in doing so.
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3.

Within thirty (30) days after entry of this Consent Judgment, Defendants

13 shall deliver up to Plaintiff any and all exercise equipment in their possession, custody,
14 and/or control that infringes any trademarks, trade dress or patents owned by Plaintiff.
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4.

Within thirty (30) days after entry of this Consent Judgment, Defendants

16 shall deliver up to counsel for Plaintiff any and all documents in their possession,
17 custody, and/or control that reflect or relate to the purchase, importation, storage,
18 shipping, or sale of exercise equipment that infringes any trademarks, trade dress or
19 patents owned by Plaintiff.
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5.

Within ninety (90) days after entry of this Consent Judgment, Defendants

21 shall to prepare and deliver to counsel for Nautilus a complete list of entities from
22 whom Defendants purchased, and to whom they sold, exercise equipment that infringes
23 any trademarks, trade dress or patents owned by Plaintiff.
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6.

The Court shall retain jurisdiction to enforce this Consent Judgment and

2 Permanent Injunction.
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7.

The parties shall bear their own costs and attorneys’ fees.

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6 DATED: August 25, 2011
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Honorable Josephine Staton Tucker
UNITED STATES DISTRICT JUDGE