Gabbanelli Accordions & Imports, LCC v. Brilingtton et al

Filing 50

ORDER signed by District Judge Kimberly J. Mueller on 5/9/11 ORDERING final judgment and permanent injunction entered this date. CASE CLOSED. (Carlos, K)

1

UNITED STATES DISTRICT COURT

2

FOR THE EASTERN DISTRICT OF CALIFORNIA

3
4
5

GABBANELLI ACCORDIONS &
IMPORTS, L.L.C.,

7
8
9

AGREED FINAL JUDGMENT AND
PERMANENT INJUNCTION

Plaintiff,

6

CASE NO. 2:08-CV-00483-KJM-CMK

v.
ISAC BRILINGTTON, individually and
dba WEST COAST MUSIC
Defendant.

10
11

On this date, this Agreed Final Judgment and Permanent Injunction

12

(“Judgment”) was presented to the Court as agreed by Defendant Isac Brilingtton,

13

individually and doing business as West Coast Music (“Defendant”) and Plaintiff

14

Gabbanelli Accordions & Imports, L.L.C. Having considered the parties’ agreement to

15

this Judgment, it is hereby ORDERED, ADJUDGED, and DECREED that:

16
17
18

1.

The Court has subject matter jurisdiction over this matter and personal

jurisdiction over Defendant.
2.

Defendant is permanently enjoined from advertising, promoting,

19

representing, offering for sale, or selling any musical instrument or musical instrument

20

accessory bearing, displaying, or advertising under: (a) the trademark GABBANELLI;

21

(b) the trademarks of U.S. Trademark Registration No. 1,996,735; U.S. Trademark

22

Registration No. 2,123,429; and U.S. Trademark Registration No. 3,239,865; (b) the

23

design mark shown in U.S. Trademark Registration No. 3,017,772; (c) the design mark

24

shown in U.S. Trademark Registration No. 3,017,773; (d) the design mark shown in

25

U.S. Trademark Registration No. 3,037,818; and (e) the design mark shown in U.S.

26

Trademark Registration No. 3,314,928 (collectively the “Gabbanelli Trademarks”), or

27

(f) any mark confusingly similar to any of the Gabbanelli Trademarks, unless such

28
1
AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION

1

musical instrument or musical instrument accessory is obtained by Defendant from

2

Gabbanelli Accordions & Imports, L.L.C.
3.

3

Defendant is permanently enjoined from advertising, promoting,

4

representing, offering for sale, or selling any musical instrument or musical instrument

5

accessory as being sponsored by, associated with, affiliated with, or connected to

6

Gabbanelli Accordions & Imports, L.L.C., unless such musical instrument or musical

7

instrument accessory is obtained by Defendant from Gabbanelli Accordions & Imports,

8

L.L.C.
4.

9

Defendant is permanently enjoined from representing to the public that he

10

is authorized by Gabbanelli Accordions & Imports, L.L.C. to promote, advertise, sell, or

11

offer for sale any musical instrument or musical instrument accessory bearing,

12

displaying, or advertised under the Gabbanelli Trademarks.
5.

13

Defendant is permanently enjoined from advertising, promoting, selling,

14

offering for sale, or in any other way representing to the public that any musical

15

instrument or musical instrument accessory, not originating from Gabbanelli

16

Accordions & Imports, L.L.C., are associated with, sponsored by, connected with, or

17

affiliated with Gabbanelli Accordions & Imports, L.L.C.
It is further ORDERED that this Judgment is binding on Defendant, his

18
19

representatives, successors, and assigns.
SIGNED AND ENTERED this 9th day of May, 2011, at Sacramento, California.

20
21
22
23

UNITED STATES DISTRICT JUDGE

24
25
26

//

27

//

28

//
2
AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION

1

APPROVED AS TO FORM AND SUBSTANCE:

2

GREENBERG TRAURIG LLP
3

/s/
MARC KOENIGSBERG (CA SBN 204265)
GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
Sacramento, CA 95814-3938
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR PLAINTIFF
FAROUK SYSTEMS, INC.

4
5
6
7
8
9
10

ISAC BRILINGTTON, individually and dba
WEST COAST MUSIC

11
12

By:_____________________________1
ISAC BRILINGTTON
Pro se

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

The court acknowledges a copy of the Agreed Final Judgment and Permanent Injunction signed by Messrs.
Koenigsberg, for plaintiff, and Brilingtton.
3
AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION