Coldwell Banker Real Estate LLC, v. BHBW, Inc. et al

Filing 10

ORDER signed by Chief Judge Morrison C. England, Jr. on 3/30/2015 ENTERING JUDGMENT for the Plaintiff and against the defendants, jointly and severally, in the sum of ONE HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED SIXTY-EIGHT DOLLARS and FIVE CENTS (&# 036;139,668.05), at the interest rate of 10% per annum until paid; PERMANENTLY RESTRAINING AND ENJOINING the defendants, their employees, agents, and all other persons acting with them or on their behalf from any and all use of the COLDWELL BANK ER Marks, from all advertising as a Coldwell Banker franchisee, from using the COLDWELL BANKER Marks system that were delivered to the defendants pursuant to the Franchise Agreement, and from doing anything which would indicate that they are are, or ever were, an authorized Coldwell Banker franchisee; ORDERING the plaintiff to forbear execution of the judgment for sixty (60) days after the date of entry of judgment by this Court; ALLOWING the plaintiff to file abstract(s) of judgment in the inte rim of the sixty (60) days prior to executing the judgment; ORDERING that this Court, or its successor, retain jurisdiction in this matter to enforce the Stipulation of Parties to Enter Judgment and Permanent Injunction until the terms of the Stipulation of Parties to Enter Judgment and Permanent Injunction have been fully performed. CASE CLOSED. (Michel, G.)

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LISA K. GARNER (SBN: 155554)
CANDICE S. NAM (SBN: 293875)
GORDON & REES LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
-Email: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiff
COLDWELL BANKER REAL ESTATE LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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COLDWELL BANKER REAL ESTATE
LLC, a California limited liability company,

) CASE NO. 2:15-CV-00442-MCE-AC
) Assigned to the Hon. Morrison C. England, Jr.
)
Plaintiff,
) ORDER
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vs.
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BHBW, INC., a California corporation doing )
)
business as COLDWELL BANKER
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CROSSROADS REAL ESTATE and
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CROSSROADS REAL ESTATE; and
)
BEVERLY HOUSDEN, an individual,
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Defendants.
)

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UPON CONSIDERATION OF Plaintiff Coldwell Banker Real Estate LLC (hereinafter

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referred to as “Plaintiff”) and Defendants Beverly Housden individually and as the agent of

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BHBW, Inc., doing business as Coldwell Banker Crossroads Real Estate and Crossroads Real

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Estate (hereinafter collectively referred to as “Defendants”)’s Stipulation of Parties for Entry of

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Judgment and Permanent Injunction,

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It is hereby ORDERED that:

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1.

Plaintiff shall have Judgment against Defendants, jointly and severally, in the sum

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of One Hundred, Thirty-Nine Thousand, Six Hundred, Sixty-Eight Dollars and Five Cents

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($139,668.05), at the interest rate of 10% per annum until paid.

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2.

Defendants and their employees, agents, and all persons acting with them or on

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their behalf, are permanently restrained and enjoined from any and all use of the COLDWELL

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BANKER® Marks including, but not limited to, the proprietary mark “Coldwell Banker,” all

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similar names and marks and any name or mark containing the designation “Coldwell Banker,”

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or any other name, designation, or mark, or similar colors or lettering indicating or tending to

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indicate that Defendants, or any of them, is an authorized Coldwell Banker franchisee, including

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but not limited to any websites.

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3.

their behalf, are permanently restrained and enjoined from all advertising as a Coldwell Banker
franchisee.

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Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

Defendants and their employees, agents, and all persons acting with them or on

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Defendants and their employees, agents, and all persons acting with them or on

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their behalf are permanently restrained and enjoined from using the Coldwell Banker® Marks

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system, including but not limited to, operating manuals, training manuals, sales manuals and

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aids, listing films and books, advertising and promotional materials, and all technology products,

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and all films, cassettes, and instruction manuals which are part of Coldwell Banker’s programs,

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that were delivered to Defendants pursuant to the Franchise Agreement.

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5.

Defendants and their employees, agents, and all persons acting with them or on

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their behalf are permanently restrained and enjoined from doing anything which would indicate

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that Defendants, or any of them, are or ever were an authorized Coldwell Banker franchisee.

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Nothing in this Judgment shall reduce or limit the remedies available to Coldwell Banker should

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the Permanent Injunction be violated in any manner.

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6.

Plaintiff shall forbear execution of the judgment for sixty (60) days after the date

of entry of judgment by this Court.

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7.

Plaintiff to be entitled to file abstract(s) of judgment in the interim of the sixty

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(60) days prior to executing the judgment.

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8.

This Court or its successor shall retain jurisdiction in this matter to enforce the

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Stipulation of Parties to Enter Judgment and Permanent Injunction. Such a reservation of

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jurisdiction is maintained until the terms of the Stipulation of Parties to Enter Judgment and

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Permanent Injunction have been fully performed.

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Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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1103139/22753664v.1

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IT IS SO ORDERED.
Dated: March 30, 2015