General Marketing Capital, Inc. v. Lynn Y. Zoiopoulos et al

Filing 38

FINAL CONSENT JUDGMENT by Judge James V. Selna: Judgment is hereby entered in favor of GMCI and against ZOIOPOUPOS, YEI andNGSCI on all claims and defenses pleaded in the Complaint. See Order for details. ( MD JS-6. Case Terminated ) (jtil)

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Robert D. Buyan (SBN 138,270)
STOUT, UXA & BUYAN, LLP
4 Venture, Suite 300
Irvine, California 92618
T: 949-450-1750; F: 949-450-1764
Email: [e-mail]
Attorneys for Plaintiff General marketing Capital, Inc.

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Nathan Fransen (SBN: 242867)
FRANSEN & MOLINARO, LLP
4160 Temescal Canyon Road, Suite 306
Corona, CA 92883
T: [phone]; F: [phone]
E-mail: [e-mail]

JS-6

Ivan Paul Cohen (SBN: 171686)
LAW OFFICES OF IVAN P. COHEN
19 Gingerwood
Irvine, California 92603
T: [phone]; Email: [e-mail]
Attorneys for Defendants Lynn Y. Zoiopoulos, Yenko Enterprizes, Inc. and
Next Generation Sports Cars, Inc.

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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) Case No.: 8:14-cv-01813-JVS-AN
)
)
)
Plaintiff,
)
v.
)
) FINAL CONSENT JUDGMENT
LYNN Y. ZOIOPOULOS, an individual; )
)
)
YENKO ENTERPRIZES, INC., an
)
Illinois corporation; and
)
)
NEXT GENERATION SPORTS CARS, )
)
INC., a Michigan corporation,
)
)
)
Defendants.
)

20 GENERAL MARKETING CAPITAL,

INC., a California corporation,
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FINAL CONSENT JUDGMENT

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Plaintiff, GENERAL MARKETING CAPITAL, INC., (“GMCI”) and Defendants,

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LYNN YENKO ZOIOPOULOS aka Lynn Shelton-Zoiopoulos, Lynn Y. Shelton, Lynn

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Yenko, Lynn Yenko Zoiopoulos, Lynn Yenko Shelton-Zoiopoulos and Lynn Zoiopoulos

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(“ZOIOPOULOS”), YENKO ENTERPRIZES, INC., an Illinois corporation (“YEI”) and

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NEXT GENERATION SPORTS CARS, INC., A Michigan corporation (“NGSCI”)

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(collectively “the Parties”), having entered into a contemporaneously executed

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Agreement for settlement of the above-captioned civil action and having filed herewith

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their Joint Motion for Entry of First Amended Complaint and Consent Judgment as to All

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Defendants, and having thereby agreed, without condition, to the entry of this Consent

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Judgment, it is AGREED, ORDERED, ADJUDGED AND DECREED as follows:

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1.

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over GMCI, ZOIOPOULOS, YEI and NGSCI.

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2.

This court has subject matter jurisdiction over this action and personal jurisdiction

Judgment is hereby entered in favor of GMCI and against ZOIOPOUPOS, YEI and

NGSCI on all claims and defenses pleaded in the Complaint.

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3.

ZOIOPOULOS, YEI and NGSCI waive all defenses and counterclaims which have

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or could have been raised in this action including but not limited to all defenses and

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counter claims for invalidity, non-infringement, and/or unenforceability of the trademark

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rights in suit.

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4.

GMCI is the owner of common law trademarks YENKO, YENKO/SC and sYc as

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used in connection with automotive goods, services and memorabilia as well as the
following United States Trademark Registrations and pending United States Trademark
Applications (such common law, registered and pending trademarks being hereinafter
collectively referred to as the “Yenko Trademarks”):

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FINAL CONSENT JUDGMENT

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Registration
Mark
or
Application
No.
3161668
YENKO

02/17/05 10/24/06

3097652

YENKO

02/17/05 05/30/06

3779462

YENKO

04/24/08 04/20/10

3812169

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Filing
Date

Registrati
on Date

YENKO

04/04/07 06/29/10

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3585627

01/3/08

03/10/09

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FINAL CONSENT JUDGMENT

Goods

Clothing and headwear
accessories, namely shirts,
jackets and caps
Automobiles
and
Automotive parts and
accessories, namely, wheel
caps,
spoilers
and
emblems
Automotive vehicle parts,
namely, ornamentation in
the nature of decorative
metal emblems, hoods,
exterior trim, rear spoilers,
body panels, badges and
engine
valve
covers;
Automotive
vehicle
interior parts, namely,
steering wheels, Drinking
glasses
and
mugs,
Clothing, namely, shirts
and hats
Motor vehicle accessories,
namely, automobile body
emblems and license plate
frames
Metal parts for motor
vehicles,
namely,
decorative
metal
automotive
emblems,
Decals,
Glass
mugs,
Clothing, namely, t-shirts
and caps

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2314585

YENKO

02/08/99 02/01/00

2049857
4063536

YENKO
YENKO

07/26/95 04/01/97
04/04/07 11/09/201
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3607796

SYC

04/14/09 04/14/09

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3083835

12/09/04 04/18/06

3842228

10/22/08 08/31/10

86431834

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Mail
order
catalogue
services featuring parts
and accessories for the
restoration
of
classic
automobiles;
wholesale
distributorships featuring
parts and accessories for
the restoration of classic
automobiles
Toy cars
Motor
land
vehicles;
motor vehicle accessories,
namely, license plates
Automotive parts and
accessories, namely, seat
upholstery
Vinyl decals

10/22/14 Pending

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Wearable garments and
clothing, namely, shirts

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86441441

10/31/14 Pending

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Automotive parts and
accessories, namely
striping kits and decals for
automobiles.
Automotive parts and
accessories,
namely,
decals for automobiles

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5.

The Yenko Trademarks are valid and enforceable by GMCI.

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6.

YEI will cease doing business and will be voluntarily dissolved within ten (10)

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days of this Consent Judgment.

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7.

The YEI website at www. http://www.yenko-enterprizes.com/ and all YEI-

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associated

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http://www.facebook.com/pages/YENKO-Enterprizes-The-Next

social

media

sites/pages,

including

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FINAL CONSENT JUDGMENT

but

not

limited

to

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Generation/1394141777564877, will be permanently removed and taken down within ten

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(10) days of this Consent Judgment

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8.

ZOIOPOULOS, YEI (until such time as its permanent dissolution has been

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completed) and NGSCI, as well as their officers, agents, servants, employees, attorneys,

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and those persons or entities in active concert or participation with them who receive

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actual notice of this PERMANENT INJUNCTION, are hereby permanently enjoined

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from the following:

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a) any and all further use of “YENKO ENTERPRIZES” or the word “YENKO”

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alone or in combination with other words or images, as a tradename, corporate

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name, company name, other business entity name, fictitious business name or other
trading designation in relation to: the designing, building, advertising, promoting,
selling, leasing, modifying or distributing of any motor vehicles, automobiles,
automotive goods, automotive services or memorabilia, including but not limited
to automobiles, automotive parts, automotive accessories, automotive equipment,
decals, emblems, license plates, license plate frames, striping, emblems, body
panels, hoods, valve covers, air filter covers, wheel covers, wheel center covers,

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grills, door sills, seat upholstery, ornaments, wearing apparel, shirts, caps, key
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fobs, posters, cushions and pillows, drinking mugs and glassware.
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b) any and all further registration or use of “YENKO ENTERPRIZES” or the word

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“YENKO” alone or in combination with additional words or characters as an

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internet domain name or label in association with any website related to the

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designing, building, advertising, promoting, selling, leasing, modifying or

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distributing of any motor vehicles, automobiles, automotive goods, automotive

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services or memorabilia, including but not limited to: automobiles, automotive

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parts, automotive accessories, automotive equipment, decals, emblems, license

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plates, license plate frames, striping, emblems, body panels, hoods, valve covers,
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FINAL CONSENT JUDGMENT

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air filter covers, wheel covers, wheel center covers, grills, door sills, seat

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upholstery, ornaments, wearing apparel, shirts, caps, key fobs, posters, cushions

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and pillows, drinking mugs and glassware.

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c) using any or all of the Yenko Trademarks or any reproduction, counterfeit, copy

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or colorable imitation thereof, in commerce or in relation to the designing,

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building, advertising, promoting, selling, leasing, modifying or distributing of any

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motor vehicles, automobiles, automotive goods, automotive services or

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memorabilia, including but not limited to automobiles, automotive parts,

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automotive accessories, automotive equipment, decals, emblems, license plates,

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license plate frames, striping, emblems, body panels, hoods, valve covers, air filter

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covers, wheel covers, wheel center covers, grills, door sills, seat upholstery,

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ornaments, wearing apparel, shirts, caps, key fobs, posters, cushions and pillows,

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drinking mugs and glassware;

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d) using any of the Yenko Trademarks or any reproduction, counterfeit, copy or
colorable imitation thereof as a meta tag or searchable term in connection with any
publication or internet website which relates to any the designing, building,

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advertising, promoting, selling, modifying or distributing of any automobiles,
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automotive goods, automotive services or memorabilia, including but not limited
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to automobiles, automotive parts, automotive accessories, automotive equipment,
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decals, emblems, license plates, license plate frames, striping, emblems, body
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panels, hoods, valve covers, air filter covers, wheel covers, wheel center covers,
grills, door sills, seat upholstery, ornaments, wearing apparel, shirts, caps, key
fobs, posters, cushions and pillows, drinking mugs and glassware;

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e) adopting, using, incorporating, forming, establishing, registering or maintaining

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any trade name, corporate name, company name, internet domain name or other

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trading designation that contains or consists of the term YENKO, any other Yenko
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FINAL CONSENT JUDGMENT

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Trademark or any reproduction, counterfeit, copy or colorable imitation thereof,

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provided however that ZOIOPOULOS is not hereby barred or enjoined from using

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her true personal name as a trade name, corporate name, company name, internet

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domain name or other trading designation for her licensed and lawful practice of

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medicine or her other business endeavors which are not involved in the designing,

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building, advertising, promoting, selling, leasing, modifying or distributing of any

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automobiles, automotive goods, automotive services or memorabilia, including but

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not limited to automobiles, automotive parts, automotive accessories, automotive

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equipment, decals, emblems, license plates, license plate frames, striping,

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emblems, body panels, hoods, valve covers, air filter covers, wheel covers, wheel

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center covers, grills, door sills, seat upholstery, ornaments, wearing apparel, shirts,

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caps, key fobs, posters, cushions and pillows, drinking mugs and glassware; and

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f) making, displaying or publishing, or continuing to make, display or publish, any

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disparaging image or statement about GMCI and/or its licensee(s) or their

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respective products, affiliates, owners, officers, directors, employees, vendors or

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customers.

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9.

For purposes of the PERMANENT INJUNCTION set forth in Paragraph 8 above,

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the term “disparaging image or statement’ shall mean any statement (whether written or
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oral), photograph, drawing, video, image or other form of communication which would
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reasonably be understood by those who receive or view it as communicating or alleging
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any of the following: a) that GMCI and/or its licensee(s) or their respective products,
affiliates, owners, officers, directors, employees, vendors or customers have stolen,
misappropriated, wrongfully acquired, otherwise lack rightful ownership and control of,
or are improperly using and licensing any or all of the Yenko Trademarks; b) that
automobiles or other goods designed, built or sold by GMCI and/or its licensee(s) or their
respective affiliates, owners, officers, directors, employees, vendors and customers are
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FINAL CONSENT JUDGMENT

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not “Yenko inspired,” not well designed, not well built, flawed, unattractive, ugly,

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deficient, inauthentic, unauthorized, lacking of any required or unrequired approval,

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sanction, credential or endorsement or blessing from either ZOIOPOULOS, the Estate or

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Donald Yenko or any other Yenko family member or heir.

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10.

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above, ZOIOPOULOS, YEI (until such time as its permanent dissolution has been

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completed) and NGSCI shall, no later than (10) days after the date of this Consent

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Judgment, complete the following:

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In accordance with the PERMANENT INJUNCTION set forth in Paragraph 8

a)

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To the extent reasonably possible, take down from the internet and cease and

desist from further publishing on social media or elsewhere all comments,

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statements, publications, interviews, videos, promotional items and advertisements

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which refer to the sale, or intended future development or sale of any YENKO

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vehicle having a model year later than 1981 or which constitute a “disparaging

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image or statement” as defined above;

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b)

take down from the internet and cease and desist from publishing on social

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media or elsewhere all images of the Next Generation Sports Cars, Inc. “Evil

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Twin” Chevrolet Camaro bearing a “YENKO Z” license plate or any other labeling

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or affixation of the word YENKO or any Yenko Trademark; and;

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c)

cease and desist from selling, offering for sale, distributing, shipping,

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advertising, promoting, publishing or displaying t shirts or clothing items bearing
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any of the Yenko Trademarks including but not limited to the YENKO-THE

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NEXT GENERATION t shirts referenced in the Complaint in this action.

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well as all defenses of ZOIOPOULOS, YEI and/or NGSCI to such claims and causes of

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action are hereby dismissed with prejudice, provided, however that any of GMCI’s

GMCI’s claims and causes of action pleaded in the Complaint in this action, as

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FINAL CONSENT JUDGMENT

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claims and causes may be reasserted against ZOIOPOULOS, YEI and/or NGSC, or

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against any entity or individual controlled by or acting in concert with ZOIOPOULOS,

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YEI and/or NGSC with respect to any action by GMCI seeking to enforce this judgment.

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12.

Plaintiff GMCI and Defendants ZOIOPOULOS, YEI and NGSC forever, fully and

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finally discharge each other, and each and all of their employees, agents, representatives,

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heirs, executors, administrators, servants, vendors, and customers with respect to any and

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all claims, actions, causes of action, rights to contribution or indemnity (express or

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implied), demands, rights, damages, costs, obligations, expenses and liabilities of any

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kind asserted, or which could have been asserted in the Civil Action. This includes an

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express waiver of California Civil Code § 1542, which states:

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A general release does not extend to claims which the creditor does not

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know or suspect to exist in his favor at the time of executing the release,

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which if known by him must have materially affected his settlement with the

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debtor.

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13.

This Final Consent Judgment is to be governed and construed in accordance with

the laws of the State of California without giving effect to conflict of law principles.

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14.

Each party is to bear its own costs and attorney fees.

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FINAL CONSENT JUDGMENT

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15.

This Court retains jurisdiction over the subject matter and the Parties to enforce

this Order
IT IS SO STIPULATED AND AGREED:

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Dated: October 20, 2015

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/S/ ROBERT D. BUYAN

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Robert D. Buyan
Stout, Uxa & Buyan, LLP
Counsel for Plaintiff GENERAL MARKETING
CAPITAL, INC.

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/s/ Nathan Fransen
Nathan Fransen
FRANSEN & MOLINARO, LLP
Co-counsel for Defendants LYNN Y.
ZOIOPOULOS, YENKO ENTERPRIZES, INC. and
NEXT GENERATION SPORTS CARS, INC.

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/s/ Ivan Paul Cohen
Ivan Paul Cohen
LAW OFFICES OF IVAN P. COHEN
Co-counsel for Defendants LYNN Y.
ZOIOPOULOS, YENKO ENTERPRIZES, INC. and
NEXT GENERATON SPORTS CARS, INC.

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IT IS SO ORDERED AND DECREED, AND FINAL JUDGMENT IS HEREBY

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ENTERED.

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DATED: October 22, 2015

________________________________
THE HONORABLE JAMES V. SELNA
UNITED STATES DISTRICT JUDGE
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FINAL CONSENT JUDGMENT