DinDon Foods Corp v. Conica Gift Trust et al

Filing 43

STIPULATED PERMANENT INJUNCTION filed by Judge Cormac J. Carney against defendant Pacific Kidz Company. (MD JS-6. Case Terminated) (twdb)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DINDON FOODS CORP. a California
corporation,

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Plaintiff,
v.
CONICA GIFT TRUST a California
trust; and PACIFIC KIDZ COMPANY,
a California company,

CASE NO. SACV13-877 CJC (RNBx)
STIPULATED PERMANENT
INJUNCTION
Judge:

Hon. Cormac J. Carney

Defendants.

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AND RELATED COUNTERCLAIMS

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Plaintiff and counterdefendant DinDon Foods Corp. (“DinDon”) and

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defendants and counterclaimants Conica Gift Trust (“Conica”) and Pacific Kidz

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Company (“Pacific”) (together, the “Pacific Parties” or “Pacific Party”), consenting

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to personal jurisdiction, subject matter jurisdiction, and venue in this District Court,

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and pursuant to the Stipulation for Entry of Permanent Injunction (“Stipulation”) that

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DinDon and the Pacific Parties have filed in this action, hereby stipulate and consent

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to the entry of the following Permanent Injunction.

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IT IS HEREBY ORDERED THAT:

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1.

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This Court has jurisdiction over the subject matter of this action,

DinDon, and the Pacific Parties.
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The Pacific Parties, and each of them, and each of their respective

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officers, directors, agents, servants, employees, parents, subsidiaries, affiliates and

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successors, and all those in active concert or privity with the Pacific Parties, are

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permanently enjoined from, subject to the limitations and conditions set forth herein,

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making, using, offering to sell, selling, advertising, marketing, distributing,

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transporting, or importing into the United States, including its territories and

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possessions (the “U.S.”), or assisting anyone in doing any of the foregoing, a fruit

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jelly product in particular packaging (including a particular style and design of cup),

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which the Pacific Parties call Jiggli Jelz®, in the form depicted in the photographs

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below (the “Accused Product”),

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the specific shape and design of the cup depicted above (the “Accused Cup”), or any

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other product employing the cup covered by the U.S. Patent No. D 644,924 (the

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“DinDon Patent”) or the trade dress for DinDon’s Squizel® product, which is

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comprised of each and all of the following elements: (1) the clear plastic used for the

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cup; (2) the flower-like shape and design of the base of the cup, as disclosed in the

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DinDon Patent; (3) the shape and material of the foil label/lid of the cup; (4) the use

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of character images on the label/lid of the cup; and (5) the use of images of fruit on

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the label/lid of the cup (the “Trade Dress”) (together, the “Permanent Injunction”).

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3.

Notwithstanding the foregoing, neither the Permanent Injunction

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nor the confidential agreement entered into between DinDon and the Pacific Parties

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on October 6, 2014 to settle this action (the “Settlement Agreement”) shall apply to

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or cover the cup disclosed by U.S. Patent No. D 705,064 S (“Conica’s Patent”) or any

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cup other than the Accused Cup.

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4.

Further, provided that they do not employ the Accused Cup, the

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Pacific Parties shall not be precluded or prevented from, and nothing in the

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Settlement Agreement or the Permanent Injunction shall preclude or prevent the

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Pacific Parties from, making, using, offering to sell, selling, advertising, marketing,

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distributing, transporting, or importing into the into the U.S. any product using the

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label/lid on the Accused Cup, the jar container for the Accused Product, or the labels

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or lid on the jar container for the Accused Product, examples of which are depicted in

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the photographs below:

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5.

Except as otherwise provided for herein, the above-captioned

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action, including counterclaims, is dismissed with prejudice between Plaintiff and

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Defendants, each party to bear its own costs and attorneys’ fees.

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Dated: October 14, 2014

______________________________
Hon. Cormac J. Carney
United States District Court Judge

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