Clinica Medica San Miguel, I.P.A. Medical Group et al v. Clinica Medica San Miguel, Inc. et al

Filing 21

JUDGMENT by Judge David O. Carter, in favor of Clinica Medica San Miguel, I.P.A. Medical Group, Mahfouz M. Michael, M.D., Inc. against Clinica Medica San Miguel, Inc., in the amount of $1,200.00, in full settlement of Plaintiff's claims in this action, including any and all claims for attorneys' fees and costs asserted by Plaintiff in this action. See Judgment for more information. Related to: REQUEST for Judgment 19 . (MD JS-6, Case Terminated). (twdb)

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JS -6 1 2 3 4 5 6 PAUL D. SUPNIK [SBN 52842] 9401 Wilshire Blvd., Suite 1250 Beverly Hills, CA 90212 Telephone: 310-859-0100 Facsimile: 310-388-5645 Attorney for both Plaintiffs and both Counter-Defendants 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 Case No.: 8:13-cv-01674 DOC (DFMx) CLINICA MEDICA SAN MIGUEL, I.P.A. MEDICAL GROUP, etc. et al. JUDGMENT [19] 12 13 14 15 16 17 Plaintiffs, v. CLINICA MEDICA SAN MIGUEL, INC., etc. et al., Defendants. 18 _________________________________ 19 AND RELATED COUNTERCLAIM 20 21 22 23 24 25 26 27 28 Defendants and counterclaimants in the above entitled action, having served upon the plaintiffs and counterdefendants an offer to allow judgment to be taken against them under Federal Rule of Civil Procedure Rule 68 as hereinafter set forth and plaintiffs and counterdefendants having within 14 days after service thereof served and filed written notice upon the defendants and counterclaimants, that the offer was accepted and that the said offer and notice of acceptance and proof of service here of having been filed by the plaintiffs and counterdefendants, 1 JUDGEMENT  1 IT IS HEREBY ORDERED AND DECREED that: 2 1. Judgment in favor of Plaintiffs CLIN1CA MEDICA SAN MIGUEL, 3 I.P.A. MEDICAL GROUP, a medical corporation, and MAHFOUZ M. 4 MICHAEL, M.D., INC., a California corporation (referred to hereinafter as 5 "PLAINTIFF") against DEFENDANT in the amount of $1,200.00, in full 6 settlement of Plaintiff's claims in this action, including any and all claims for 7 attorneys' fees and costs asserted by Plaintiff in this action. 8 2. DEFENDANT hereby forever waives and relinquishes any legal priority, 9 under common law or otherwise, in the use of the mark CLIN1CA MEDICA SAN 10 11 MIGUEL, and agrees not to make use of the mark in the future. 3. DEFENDANT agrees never to file an interference action or take any 12 other action with the U.S. Trademark Office or otherwise to invalidate 13 PLAINTIFF'S ownership and registration of the mark CLIN1CA MEDICA SAN 14 MIGUEL. 15 4. DEFENDANT and their agents, employees and representatives and all 16 persons in active concert or participation with DEFENDANT who receive notice 17 hereof shall immediately cease from: 18 (a) Selling, offering for sale, advertising, promoting or displaying the 19 mark CLIN1CA MEDICA SAN MIGUEL in connection with the offering 20 for sale, sale, advertising or promotion of health care services or spa 21 services; 22 23 24 (b) Imitating, copying, or making unauthorized use of the mark CLIN1CA MEDICA SAN MIGUEL; (c) Selling, advertising, promoting any service in connection with any 25 simulation, reproduction, counterfeit, copy or colorable imitation of the 26 mark CLINICA MEDICA SAN MIGUEL; 27 28 2 JUDGEMENT  1 (d) Using the mark CLIN1CA MEDICA SAN MIGUEL, or any 2 simulation, reproduction, counterfeit, or copy thereof in connection with the 3 promotion, advertisement, display, sale, offering for sale of any service in 4 such fashion as to relate or connect, or tend to relate or connect, such service 5 in any way to PLAINTIFF or to any services or goods sold, manufactured, 6 sponsored, approved by or connected with PLAINTIFF; 7 (e) Using any false designation of origin or false description, or 8 performing any act which is likely to lead members of the trade or public to 9 believe that any infringing services manufactured, distributed or sold by 10 DEFENDANT are in any manner associated or connected with PLAINTIFF, 11 or are sold, manufactured, licensed, sponsored, approved or authorized by 12 PLAINTIFF; 13 14 15 (f) Engaging in any other activity constituting infringement of the mark CLINICA MEDICA SAN MIGUEL; (g) Instructing, assisting, aiding or abetting any other person or entity 16 in engaging in or performing any of the activities referred to in 17 subparagraphs (a) through (f) above. 18 5. DEFENDANT, immediately upon entry of judgment in this matter or 19 20 as soon thereafter as reasonably practicable, shall: (a) Destroy all plaques, posters, signs, labels, hang-tags, packages, 21 wrappers, receptacles, advertisements and advertising materials, web pages, 22 and other merchandise and matter bearing the mark CLINICA MEDICA 23 SAN MIGUEL; 24 25 26 27 (b) Remove all signage from the exterior of its business locations containing the mark CLINICA MEDICA SAN MIGUEL; and (c) Change its corporate name CLINICA MEDICA SAN MIGUEL, INC., to one which is other than CLINICA MEDICA SAN MIGUEL. 28 3 JUDGEMENT  1 6. The terms of this agreement shall not prevent DEFENDANT from 2 operating a medical clinic or similar business using the prefix "Clinica Medica" 3 other than "Clinica Medica San Miguel." 4 The above terms are in full and final settlement of this action as to 5 PLAINTIFF'S Complaint against DEFENDANT, with no admission of liability, 6 and except as specified herein this judgment is to have no effect whatsoever except 7 in settlement of this case as to PLAINTIFF'S Complaint against DEFENDANT. 8 9 10 11 Except as specified herein, each side is to bear their own costs and attorneys' fees. This offer is made without any admission of liability by DEFENDANT on any claim in this litigation. 12 13 IT IS SO ORDERED. 14 15 Dated: March 12, 2014 16 17 _______________________________ DAVID O. CARTER UNITED STATES DISTRICT JUDGE 18 19 Respectfully submitted, 20 21 22 23 /s/ Dated: March 12, 2014 By: __________________________ PAUL D. SUPNIK Attorney for all Plaintiffs 24 25 26 27 28 4 JUDGEMENT 

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