Clinica Medica San Miguel, I.P.A. Medical Group et al v. Clinica Medica San Miguel, Inc. et al
Filing
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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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PAUL D. SUPNIK [SBN 52842]
paul@supnik.com
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
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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Case No.: 8:13-cv-01674 DOC (DFMx)
CLINICA MEDICA SAN MIGUEL,
I.P.A. MEDICAL GROUP, etc. et al.
JUDGMENT [19]
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Plaintiffs,
v.
CLINICA MEDICA SAN MIGUEL,
INC., etc. et al.,
Defendants.
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_________________________________
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AND RELATED COUNTERCLAIM
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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,
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JUDGEMENT
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IT IS HEREBY ORDERED AND DECREED that:
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1. Judgment in favor of Plaintiffs CLIN1CA MEDICA SAN MIGUEL,
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I.P.A. MEDICAL GROUP, a medical corporation, and MAHFOUZ M.
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MICHAEL, M.D., INC., a California corporation (referred to hereinafter as
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"PLAINTIFF") against DEFENDANT in the amount of $1,200.00, in full
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settlement of Plaintiff's claims in this action, including any and all claims for
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attorneys' fees and costs asserted by Plaintiff in this action.
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2. DEFENDANT hereby forever waives and relinquishes any legal priority,
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under common law or otherwise, in the use of the mark CLIN1CA MEDICA SAN
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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
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other action with the U.S. Trademark Office or otherwise to invalidate
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PLAINTIFF'S ownership and registration of the mark CLIN1CA MEDICA SAN
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MIGUEL.
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4. DEFENDANT and their agents, employees and representatives and all
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persons in active concert or participation with DEFENDANT who receive notice
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hereof shall immediately cease from:
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(a) Selling, offering for sale, advertising, promoting or displaying the
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mark CLIN1CA MEDICA SAN MIGUEL in connection with the offering
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for sale, sale, advertising or promotion of health care services or spa
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services;
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(b) Imitating, copying, or making unauthorized use of the mark
CLIN1CA MEDICA SAN MIGUEL;
(c) Selling, advertising, promoting any service in connection with any
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simulation, reproduction, counterfeit, copy or colorable imitation of the
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mark CLINICA MEDICA SAN MIGUEL;
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JUDGEMENT
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(d) Using the mark CLIN1CA MEDICA SAN MIGUEL, or any
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simulation, reproduction, counterfeit, or copy thereof in connection with the
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promotion, advertisement, display, sale, offering for sale of any service in
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such fashion as to relate or connect, or tend to relate or connect, such service
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in any way to PLAINTIFF or to any services or goods sold, manufactured,
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sponsored, approved by or connected with PLAINTIFF;
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(e) Using any false designation of origin or false description, or
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performing any act which is likely to lead members of the trade or public to
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believe that any infringing services manufactured, distributed or sold by
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DEFENDANT are in any manner associated or connected with PLAINTIFF,
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or are sold, manufactured, licensed, sponsored, approved or authorized by
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PLAINTIFF;
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(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
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in engaging in or performing any of the activities referred to in
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subparagraphs (a) through (f) above.
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5. DEFENDANT, immediately upon entry of judgment in this matter or
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as soon thereafter as reasonably practicable, shall:
(a) Destroy all plaques, posters, signs, labels, hang-tags, packages,
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wrappers, receptacles, advertisements and advertising materials, web pages,
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and other merchandise and matter bearing the mark CLINICA MEDICA
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SAN MIGUEL;
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(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.
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JUDGEMENT
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6. The terms of this agreement shall not prevent DEFENDANT from
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operating a medical clinic or similar business using the prefix "Clinica Medica"
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other than "Clinica Medica San Miguel."
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The above terms are in full and final settlement of this action as to
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PLAINTIFF'S Complaint against DEFENDANT, with no admission of liability,
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and except as specified herein this judgment is to have no effect whatsoever except
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in settlement of this case as to PLAINTIFF'S Complaint against DEFENDANT.
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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.
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IT IS SO ORDERED.
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Dated: March 12, 2014
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_______________________________
DAVID O. CARTER
UNITED STATES DISTRICT JUDGE
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Respectfully submitted,
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/s/
Dated: March 12, 2014
By: __________________________
PAUL D. SUPNIK
Attorney for all Plaintiffs
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JUDGEMENT
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