BigTruck Brands Inc. et al v. Thompson et al

Filing 12

CONSENT JUDGMENT AND PERMANENT INJUNCTION signed by District Judge Kimberly J. Mueller on 10/24/2017 ORDERING This Court has jurisdiction of the subject matter of this action and the Parties, and shall retain jurisdiction to enforce the terms of this judgment; the Parties have decided to compromise and settle their differences in accordance with this judgment pursuant to a Settlement Agreement; Pursuant to the Settlement Agreement, Thompson will not oppose BigTruck's claims of ownership of trade dress in the configuration of patches on hats; the parties shall bear their own costs and attorney's fees incurred in this action. CASE CLOSED(Reader, L)

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1 2 3 4 5 6 7 8 9 Scott P. Shaw, Bar No. 223592 sshaw@calljensen.com Deborah A. Gubernick, Bar No. 242483 dgubernick@calljensen.com Samuel G. Brooks, Bar No. 272107 sbrooks@calljensen.com CALL & JENSEN A Professional Corporation 610 Newport Center Drive, Suite 700 Newport Beach, CA 92660 Tel: (949) 717-3000 Fax: (949) 717-3100 Attorneys for Plaintiffs 10 11 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 BIGTRUCK BRAND, INC. and GALEN GIFFORD, Plaintiffs, Case No. 2:17-cv-01593-KJM-AC STIPULATION FOR JUDGMENT BY CONSENT AND PERMANENT INJUNCTION; ORDER vs. 20 21 KELSEN THOMPSON, individually and doing business as “We the Trees Brand,” 22 23 Defendants. 24 Complaint Filed: August 1, 2017 Trial Date: None Set 25 26 27 28 -1STIPULATION FOR JUDGMENT BY CONSENT AND PERMANENT INJUNCTION; ORDER BIG03-02:big.1593.stip&order.LF.k.docx:10-24-17 1 Plaintiffs BigTruck Brand, Inc. (“BigTruck”) and Galen Gifford (“Gifford”), on 2 the one hand, and Defendant Kelsen Thompson (“Thompson”) (together, the “Parties”), 3 on the other hand, hereby stipulate and consent to the entry of judgment on the 4 following terms: 5 6 7 8 9 1. This Court has jurisdiction of the subject matter of this action and the Parties, and shall retain jurisdiction to enforce the terms of this judgment; 2. The Parties have decided to compromise and settle their differences in accordance with this judgment pursuant to a Settlement Agreement. 3. Pursuant to the Settlement Agreement, Thompson will not oppose 10 BigTruck’s claims of ownership of trade dress in the configuration of patches on hats 11 consisting of a large square patch on the front of a hat to one side, combined with a 12 smaller rectangular patch on the front of the hat to the other side, as shown in the 13 drawings and pictures below: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2STIPULATION FOR JUDGMENT BY CONSENT AND PERMANENT INJUNCTION; ORDER BIG03-02:big.1593.stip&order.LF.k.docx:10-24-17 1 2 3 4 5 6 7 8 9 10 11 12 13 Thompson will also not challenge the validity or ownership of any of the pending or 14 registered trademarks shown in Exhibit A, attached. 15 4. Thompson is hereby permanently enjoined from making, selling, and/or 16 otherwise distributing any hats using or incorporating the registered and pending 17 trademarks shown in Exhibit A attached. 18 5. Thompson is further permanently enjoined from making, selling, and/or 19 otherwise distributing any hats using or incorporating any patch configuration that is 20 confusingly similar to BigTruck’s claimed trade dress, including specifically any hat 21 that features a large square patch on the front of the hat on either side of the hat, 22 combined with a smaller rectangular patch on the front of the hat to the other side. 23 Examples of hats that Thompson is enjoined from making, selling, and/or otherwise 24 distributing are shown in the pictures below. These examples are illustrative and not 25 exhaustive. 26 27 28 -3STIPULATION FOR JUDGMENT BY CONSENT AND PERMANENT INJUNCTION; ORDER BIG03-02:big.1593.stip&order.LF.k.docx:10-24-17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 6. The parties shall bear their own costs and attorney’s fees incurred in this 21 action. 22 IT IS SO STIPULATED. 23 24 25 26 27 28 -4STIPULATION FOR JUDGMENT BY CONSENT AND PERMANENT INJUNCTION; ORDER BIG03-02:big.1593.stip&order.LF.k.docx:10-24-17 Dated: October 24, 2017 1 2 CALL & JENSEN A Professional Corporation Scott P. Shaw Deborah A. Gubernick Samuel G. Brooks 3 4 By: 5 /s/ Deborah A. Gubernick Deborah A. Gubernick Attorneys for Plaintiffs 6 7 8 Dated: October 24, 2017 MOUNTAINSIDE LAW 9 10 By: /s/ Alan R. Wechsler (as authorized on 10.17.2017) 11 Alan R. Wechsler 12 Attorneys for Defendant 13 14 15 16 17 18 19 IT IS SO ORDERED AND ADJUDGED. DATED: October 24, 2017. 20 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 -5STIPULATION FOR JUDGMENT BY CONSENT AND PERMANENT INJUNCTION; ORDER BIG03-02:big.1593.stip&order.LF.k.docx:10-24-17

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