QS Wholesale Inc v. World Marketing Inc

Filing 374

ENTRY OF JUDGMENT by Judge David O. Carter, in favor of World Marketing Inc against QS Wholesale Inc., jointly and severally, in the following amounts:a. Actual damages in the amount of $125,000; b. Punitive damages in the amount of $375,00 0; c. Prejudgment interest in the amount of $18,383.75;d. Attorneys fees in the amount of $1,826,035.40; e. Non-taxable costs in the amount of $197,833; and f. Taxable costs in the amount of $49,682.32, as set out in World Marketings Notice of Resubmission of Application to theClerk to Tax Costs and Proposed Bill of Costs (Dkt. No. 365). Related to: Stipulation for Judgment 373 . (twdb)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION 9 10 11 QS WHOLESALE, INC., Case No.: 8:12-cv-00451-DOC-RNB 12 13 Plaintiff, 14 v. 15 WORLD MARKETING, INC., 16 Defendant. 17 18 WORLD MARKETING, INC., 19 20 21 22 23 24 25 26 27 28 Counterclaimant, v. QS WHOLESALE, INC. and QUICKSILVER, INC., Counterdefendants. ENTRY OF JUDGMENT [373] 1 2 3 Pursuant to the Court’s Order (Dkt. No. 359), IT IS HEREBY ORDERED AND ADJUDGED: 1. Judgment is entered in favor of Defendant-Counterclaimant World 4 Marketing, Inc. (“World Marketing”) and against Plaintiff-Counterdefendant QS 5 Wholesale, 6 “Quiksilver”), jointly and severally, in the following amounts: Inc. and Counterdefendant Quiksilver, Inc. 7 a. Actual damages in the amount of $125,000; 8 b. Punitive damages in the amount of $375,000; 9 (collectively, c. Prejudgment interest in the amount of $18,383.75; 10 d. Attorneys’ fees in the amount of $1,826,035.40; 11 e. Non-taxable costs in the amount of $197,833; and 12 f. Taxable costs in the amount of $49,682.32, as set out in World 13 Marketing’s Notice of Resubmission of Application to the 14 Clerk to Tax Costs and Proposed Bill of Costs (Dkt. No. 365). 15 2. Quiksilver, its agents, servants, employees, attorneys, and all persons 16 in active concert or participation with them are hereby permanently enjoined and 17 restrained from using or seeking to register VSTR or VISITOR, or any other mark 18 confusingly or deceptively similar to World Marketing’s VISITOR mark, in 19 connection with clothing and apparel, including shirts, blouses, pants, suits, sports 20 jackets, vests, shorts, T-shirts, and outerwear. 21 22 23 24 3. Quiksilver’s claim for a Declaration of Non-Infringement is dismissed with prejudice. 4. The Court retains jurisdiction over any matter pertaining to this judgment. 25 26 27 28 DATED: March 5, 2014 ______________________________ Hon. David O. Carter United States District Judge

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