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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Scott P. Shaw, Bar No. 223592
[e-mail]
Deborah A. Gubernick, Bar No. 242483
[e-mail]
Samuel G. Brooks, Bar No. 272107
[e-mail]
CALL & JENSEN
A Professional Corporation
610 Newport Center Drive, Suite 700
Newport Beach, CA 92660
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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.

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KELSEN THOMPSON, individually and
doing business as “We the Trees Brand,”

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Defendants.

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Complaint Filed: August 1, 2017
Trial Date:
None Set

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-1STIPULATION FOR JUDGMENT BY CONSENT AND PERMANENT INJUNCTION; ORDER

BIG03-02:big.1593.stip&order.LF.k.docx:10-24-17

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Plaintiffs BigTruck Brand, Inc. (“BigTruck”) and Galen Gifford (“Gifford”), on

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the one hand, and Defendant Kelsen Thompson (“Thompson”) (together, the “Parties”),

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on the other hand, hereby stipulate and consent to the entry of judgment on the

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following terms:

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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

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BigTruck’s claims of ownership of trade dress in the configuration of patches on hats

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consisting of a large square patch on the front of a hat to one side, combined with a

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smaller rectangular patch on the front of the hat to the other side, as shown in the

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drawings and pictures below:

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-2STIPULATION FOR JUDGMENT BY CONSENT AND PERMANENT INJUNCTION; ORDER

BIG03-02:big.1593.stip&order.LF.k.docx:10-24-17

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Thompson will also not challenge the validity or ownership of any of the pending or

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registered trademarks shown in Exhibit A, attached.

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4.

Thompson is hereby permanently enjoined from making, selling, and/or

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otherwise distributing any hats using or incorporating the registered and pending

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trademarks shown in Exhibit A attached.

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5.

Thompson is further permanently enjoined from making, selling, and/or

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otherwise distributing any hats using or incorporating any patch configuration that is

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confusingly similar to BigTruck’s claimed trade dress, including specifically any hat

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that features a large square patch on the front of the hat on either side of the hat,

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combined with a smaller rectangular patch on the front of the hat to the other side.

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Examples of hats that Thompson is enjoined from making, selling, and/or otherwise

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distributing are shown in the pictures below. These examples are illustrative and not

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exhaustive.

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-3STIPULATION FOR JUDGMENT BY CONSENT AND PERMANENT INJUNCTION; ORDER

BIG03-02:big.1593.stip&order.LF.k.docx:10-24-17

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6.

The parties shall bear their own costs and attorney’s fees incurred in this

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action.

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IT IS SO STIPULATED.

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-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
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CALL & JENSEN
A Professional Corporation
Scott P. Shaw
Deborah A. Gubernick
Samuel G. Brooks

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By:

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/s/ Deborah A. Gubernick
Deborah A. Gubernick

Attorneys for Plaintiffs

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Dated: October 24, 2017

MOUNTAINSIDE LAW

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By: /s/ Alan R. Wechsler (as authorized on
10.17.2017)

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Alan R. Wechsler

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Attorneys for Defendant

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IT IS SO ORDERED AND ADJUDGED.
DATED: October 24, 2017.

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UNITED STATES DISTRICT JUDGE

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-5STIPULATION FOR JUDGMENT BY CONSENT AND PERMANENT INJUNCTION; ORDER

BIG03-02:big.1593.stip&order.LF.k.docx:10-24-17