Schlegel Systems, Inc. v. William Frerichs et al

Filing 25

CONSENT JUDGMENT, Permanent Injunction and Dismissal With Prejudice by Judge Cormac J. Carney, Related to: Stipulation for Judgment 24 . This action is dismissed with prejudice subject to the Court retaining jurisdiction to enforce the terms of this Judgment. H. Plaintiff's Motion for Default Judgment, (Dkt. 21 ), is DENIED AS MOOT. IT IS SO ORDERED. (see document for details).. ( MD JS-6. Case Terminated ) (dro)

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JS -6

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NOTE: CHANGES MADE BY THE COURT

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SCHLEGEL SYSTEMS, INC. D/B/A
AMESBURYTRUTH,
Plaintiffs,

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CONSENT JUDGMENT,
PERMANENT INJUNCTION AND
DISMISSAL WITH PREJUDICE

vs.

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WILLIAM FRERICHS AND
COASTAL WEATHERSTRIPPING
CO.,

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Defendants.

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Case No: 8:16-cv-01949-CJC-KES

District Judge: Cormac J. Carney
Magistrate Judge: Karen E. Scott
Action Filed:
Trial Date:

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October 26, 2016
None

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Pursuant to the Joint Stipulation in support of the Consent Judgment filed by the
parties to this action, it is hereby ordered:
A.

Defendants are to transfer ownership of the infringing domain names as

well as any other domain names they currently own that use the term “q-lon” or any
confusingly similar term to Plaintiff within 14 days of entry of this Judgment.
B.

Defendants, their subsidiaries, parents, officers, owners, directors, agents,

servants, employees, affiliates, attorneys, and all other persons in active concert or
participation with Defendants are hereby permanently enjoined from:

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CONSENT JUDGMENT, PERMANENT INJUNCTION AND DISMISSAL WITH
PREJUDICE

1)

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registering any domain names that use the term “q-lon” or any

confusingly similar term;

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2)

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using the term “q-lon” or any confusingly similar term in

conjunction with selling weatherstripping or related goods; and

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3)

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C.

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reselling any weatherstripping made or sold by Plaintiff.

In the event that Defendants, subsidiaries, parents, officers, owners,

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directors, agents, servants, employees, affiliates, attorneys, and all other persons in

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active concert or participation with Defendants, violate the terms of the Consent

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Judgment and Permanent Injunction, Plaintiff will be entitled to its attorney fees and

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costs from Defendants’ associated with enforcing the injunction.
D.

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Defendants are to pay damages in the amount of $1,000 to Plaintiff

within 14 days of entry of this Judgment.
E.

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Defendants are to return all weatherstripping marketed under the Q-LON

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name in their possession to Plaintiff or Plaintiff’s authorized distributor within 14

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days of entry of this Judgment.
F.

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Except as otherwise allowed in this Judgment, all parties hereto are

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responsible for their own costs and fees incurred in this matter, including attorneys’

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fees.

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G.

This action is dismissed with prejudice subject to the Court retaining

jurisdiction to enforce the terms of this Judgment.

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H.

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Plaintiff's Motion for Default Judgment, (Dkt. 21), is DENIED AS

MOOT.

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IT IS SO ORDERED.

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Dated: February 6, 2017
The Honorable Cormac J. Carney
United States District Court Judge

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CONSENT JUDGMENT, PERMANENT INJUNCTION AND DISMISSAL WITH
PREJUDICE