Alpha Delta Pi et al v. Lee Cottone

Filing 18

CONSENT DECREE by Judge James V. Selna in favor of Alpha Delta Pi, Alpha Omicron Pi Fraternity, Inc., Chi Omega Fraternity, Delta Delta Delta, Delta Phi Epsilon, Inc., Phi Mu Fraternity, Sigma Chi Corporation, Sigma Kappa, Zeta Tau Alpha Sorority against Lee Cottone. Defendant, along with any of his directors, officers, agents, servants, employees, representatives, or other persons acting in concert or participation with him, shall be and hereby are also permanently ENJOINED and restrained from any false or materially misleading representations which are likely to lead the trade or public erroneously to believe that any of Defendants goods or services have been produced, distributed, offered for distribution, advertised, promoted, displayed, licensed, sponsored, approved, or authorized by or for any of the Plaintiff Greek Organizations. (See document for further information). Related to: Stipulation for Judgment 17 . ( MD JS-6. Case Terminated ) (twdb)

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William J. Brown, Jr. (SBN 192950)
Email: [e-mail]
BROWN WEGNER LLP
2010 Main Street, Suite 1260
Irvine, California 92614
Telephone: [phone]
Jack A. Wheat (pro hac vice)
Email: [e-mail]
McBRAYER McGINNIS LESLIE & KIRKLAND, PLLC
9300 Shelbyville Road, Suite 110
Louisville, Kentucky 40222
Telephone: [phone]
Facsimile: [phone]
Attorneys for All Plaintiffs
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION
ALPHA DELTA PI, et al

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JS-6

Case No. 8:18-cv-00135-JVS-RAO

Plaintiffs,
vs.
LEE COTTONE doing business as
THE EMBROIDERY STORE also
known as SPEAKY GREEKY

CONSENT DECREE

Defendant.

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By agreement of the Plaintiffs (“Plaintiffs” or “Plaintiff Greek
Organizations”) and Defendant, Lee Cottone doing business as The Embroidery
Store also known as Speaky Greeky. (“Defendant”), and as settlement in full of any
and all claims which were or could have been asserted in this action, the parties

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have entered into a Settlement Agreement, a provision of which is entry of the
injunctive relief set forth below, and the Court otherwise being sufficiently advised,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1.

Absent prior written permission from any of the Plaintiff Greek

Organizations to do so, including, but not necessarily limited to, a written license

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agreement, Defendant along with any of his directors, officers, agents, servants,

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employees, representatives, or persons acting in concert or participation with him,

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shall be and herby are permanently ENJOINED and restrained from directly or

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indirectly producing, using or marketing, in any product line, any items containing

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a reproduction, copy or colorable imitation of any of the following names, marks or

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other indicia:
(a)

The words “ALPHA DELTA PI” or the “ADPi” nickname; the

words “ALPHA OMICRON PI” or the “AOPi” nickname; the words “CHI
OMEGA” or the “Chi O” nickname; The words “DELTA DELTA DELTA” or the

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“Tri-Delt,” “Tri-Delts” or “Tri-Delta” nicknames; the words “DELTA PHI

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EPSILON” or the “D Phi E” nickname; the words “PHI MU”; the words “SIGMA

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CHI” or the “Sig” or “Sigs” nicknames; the words “SIGMA KAPPA”; and the
words “ZETA TAU ALPHA” or the “Zeta” or “ZTA” nickname.
(b)

The Greek letter combinations “A,” “AO ,” “X,” “,”

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“E,” “M,” “,” “K,” or “ZTA”;

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(c)

the Plaintiff Greek Organizations referenced in paragraphs 1(a) and 1(b) above.
(d)

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Any crest, coat of arms, seals, flags, badges or slogans of any of

Any other use in or on Defendant’s goods, advertising,

marketing brochures, promotional materials, other publications and documents of
any other marks or indicia confusingly similar to any of the foregoing marks
referenced in paragraphs 1(a), 1(b) or 1(c) above.
2.

Absent prior written permission from any of the Plaintiff Greek

Organizations to do so, including, but not necessarily limited to, a written license

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agreement, Defendant, along with any of his directors, officers, agents, servants,

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employees, representatives, or other persons acting in concert or participation with

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him, shall be and hereby are also permanently ENJOINED and restrained from any

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false or materially misleading representations which are likely to lead the trade or

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public erroneously to believe that any of Defendant’s goods or services have been

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produced, distributed, offered for distribution, advertised, promoted, displayed,

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licensed, sponsored, approved, or authorized by or for any of the Plaintiff Greek

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Organizations.

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3.

As between them, each of the parties to this Consent Decree shall be

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responsible for their own costs and attorneys’ fees incurred prior to the entry of this

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judgment and decree.

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4.

Other than to the extent the Court retains continuing jurisdiction to

enforce this Decree, this action is otherwise dismissed with prejudice from the
Court’s active docket.
Dated: April 13, 2018

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__________________________________

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UNITED STATES DISTRICT JUDGE

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Agreed to:
_

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__/s/ William J. Brown, Jr._________
William J. Brown, Jr. (SBN 192950)
Email: [e-mail]
BROWN WEGNER LLP
2010 Main Street, Suite 1260
Irvine, California 92614
Phone: [phone]
Jack A. Wheat (pro hac vice)
Email: [e-mail]
McBRAYER McGINNIS LESLIE &
KIRKLAND, PLLC
9300 Shelbyville Road, Suite 110
Louisville, Kentucky 40222
Telephone: [phone]
Facsimile: [phone]

___/s/ Lee Cottone______________
Lee Cottone
Email: [e-mail]
17155 Von Karman Avenue,
Units # 102-103
Irvine, California 92614
Phone: [phone]
Defendant

Attorneys for All Plaintiffs
______

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