McIntosh Laboratory Inc v. Acer Capital Group Inc

Filing 20

FINAL JUDGMENT by Judge Josephine Staton Tucker, in favor of McIntosh Laboratory Inc against Acer Capital Group Inc. Related to: Stipulation for Judgment 19 (MD JS-6, Case Terminated). (twdb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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12 MCINTOSH LABORATORY, INC., a

No.: SACV13-848-JST (FFMx)

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FINAL JUDGMENT

Delaware corporation,

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Plaintiff,

Hon. Judge Josephine Staton Tucker

vs.
ACER CAPITAL GROUP, INC., dba

16 ACG COMPANIES, a California

corporation,

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Defendant.

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Upon consideration of the parties Stipulation for Entry of Consent Judgment

20 and [Proposed] Final Judgment, and good cause appearing therefore, it is HEREBY
21 ADJUDGED, ORDERED AND DECREED that final judgment is hereby entered as
22 follows:
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1. Plaintiff McIntosh Laboratory, Inc.’s ("Plaintiff") U.S. Trademark

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Registration Nos. 0656034, 1106001, 2022091, 2035338 2709210

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(collectively “the MCINTOSH Marks”) are duly issued, valid and

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enforceable;

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SACV13-848-JST (FFMx)

FINAL JUDGMENT

-1US_ACTIVE-114109418.1

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2. Defendant Acer Capital Group, Inc. dba ACG Companies’ ("Defendant)

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manufacture and sale of audio equipment bearing the trade name and trade

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mark

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advertising of such products on a website at the domain name

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www.macntoshaudio.com (“the MACNTOSH Domain Name”), as described

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in Plaintiffs' Complaint filed in the above-captioned action, infringe the

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MCINTOSH Marks;

MACNTOSH

(“the

MACNTOSH

Mark”),

and

Defendant’s

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3. Defendant and its partners, officers, agents, servants, employees, owners and

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representatives, including but not limited to its managing partner Paul A.

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Garcia in both his corporate and individual capacity, and all other persons,

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firms or corporations in active concert or participation with it, shall

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immediately cease and permanently refrain from making (or having made),

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using, importing, offering for sale, or selling anywhere any products bearing

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the MACNTOSH Mark or any other mark that is confusingly similar to or a

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colorable imitation of the MCINTOSH Marks;

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4. Defendant and its partners, officers, agents, servants, employees, owners and

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representatives, including but not limited to its managing partner Paul A.

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Garcia in both his corporate and individual capacity, and all other persons,

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firms or corporations in active concert or participation with it, shall

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immediately cease and permanently refrain from using the MACNTOSH

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Domain Name, or any other domain name that is confusingly similar to or a

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colorable imitation of the MCINTOSH Marks, and shall transfer the

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MACNTOSH Domain Name URL to McIntosh;

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5. Defendant shall immediately file with the USPTO an express abandonment
with prejudice of the ‘361 Application;

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6. Plaintiff's requests for money damages are dismissed;

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7. All parties shall bear their own attorneys' fees and costs incurred in this

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action; and
SACV13-848-JST (FFMx)
FINAL JUDGMENT

-2US_ACTIVE-114109418.1

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8. This Court retains jurisdiction to enforce the terms of the parties' settlement

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agreement, and resolve any disputes regarding compliance with this Final

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Judgment.

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6 DATED:

August 27, 2013

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JOSEPHINE STATON TUCKER
United States District Court Judge

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SACV13-848-JST (FFMx)
FINAL JUDGMENT

-3US_ACTIVE-114109418.1