Crossfit, Inc. v. Norcal Elite Gymnastics LLC, et al

Filing 13

ORDER signed by Judge Kimberly J. Mueller on 1/8/2014 GRANTING 11 Motion for Entry of Permanent Injunction and Dismissal of Case. CASE CLOSED (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CROSSFIT, INC.,

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No. 2:13-CV-1174 KJM KJN
Plaintiff,

v.

ORDER

NORCAL ELITE GYMNASTICS, LLC, a
California Limited Liability Company,
JUDY WAIT, an individual, DANIEL
WAIT, an individual, and DOES 1-25,
Defendants.

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This court, having read and considered the JOINT MOTION FOR ENTRY OF

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PERMANENT INJUNCTION AND DISMISSAL OF CASE filed by plaintiff CrossFit, Inc.

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(“CrossFit” or “Plaintiff”) and NorCal Elite Gymnastics, LLC, a California Limited Liability

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Company, Judy Wait, an individual, and Daniel Wait, an individual (“Defendants”), and for good

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cause shown, makes the following findings of fact and conclusions of law:

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A.

Plaintiff filed suit against Defendants, alleging that Defendants violated

CrossFit’s rights under 15 U.S.C. §§ 1114, 1125(a), (c), and (d) (“Suit”); and
B.

The Parties entered into a settlement agreement in November 2013

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(“Settlement Agreement”), which requires entry of the stipulated Permanent Injunction set forth

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herein and the dismissal of the case.
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Based on the foregoing, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED THAT:

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1.

For the purposes of binding preclusive effect on Defendants as to future

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disputes with respect to the Suit or Settlement Agreement between Defendants on the one hand

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and CrossFit on the other hand, and only for such purposes, Defendants admit the following:

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a.

CrossFit is now, and has been at all times since the dates of

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issuance, the owner of United States Trademark Registration Nos. 3,007,458; 3,826,111;

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4,049,689; 4,053,443; and 4,122,681 (the “Marks”) and of all rights thereto and thereunder.

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b.

Defendants, by their actions described in the complaint, have

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infringed upon CrossFit’s Marks.

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2.

Defendants, and those in active concert with them, including the parties

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themselves, their owners, shareholders, principals, officers, agents, servants, employees,

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attorneys, independent contractors, and partners, are permanently enjoined from using the term

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“CrossFit” and confusingly similar terms (collectively, the “Injunction”). Confusingly similar

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terms shall include without limitation “CrossFitness” and “XFIT,” and variations thereof. The

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term “cross training” shall not constitute a confusingly similar term.

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3.

Defendants are bound by the Injunction regardless of whether CrossFit

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assigns or licenses its intellectual property rights to another for so long as such trademark rights

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are subsisting. The Injunction inures to the benefit of CrossFit’s successors, assignees, and

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licensees.

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4.

This court shall retain jurisdiction over all disputes between and among the

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Parties arising out of the Settlement Agreement and Injunction, including but not limited to

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interpretation and enforcement of the terms of the Settlement Agreement.

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5.

The Parties waive any rights to appeal this order, including without

limitation the Injunction.

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6.

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IT IS SO ORDERED.

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All dates in the case are vacated and the case is dismissed.

DATED: January 8, 2014,
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UNITED STATES DISTRICT JUDGE