Hells Angels Motorcycle Corporation v. Headgear, Inc. et al

Filing 56

ORDER RE: PERMANENT INJUNCTION re 55 Stipulation filed by Hells Angels Motorcycle Corporation. Signed by Judge James Larson on 7/7/09. (jlsec, COURT STAFF) (Filed on 7/7/2009)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION HELLS ANGELS MOTORCYCLE CORPORATION, Plaintiff, v. HEADGEAR, INC., Defendant. Case No. CV-08-2119-JL [PROPOSED] PERMANENT INJUNCTION AGAINST DEFENDANT HEADGEAR, INC.

Having considered the Stipulation for Entry of Permanent Injunction filed herein by Plaintiff HELLS ANGELS MOTORCYCLE CORPORATION ("Plaintiff HAMC") and Defendant HEADGEAR, INC. ("Defendant HEADGEAR"), and good cause appearing therefor, It is hereby ORDERED, ADJUDGED and DECREED that: 1. This court has jurisdiction over the subject matter and the parties pursuant to

28 U.S.C. §§ 1331 and 1338. 2. 3. Venue is proper in this District as to Defendant HEADGEAR. The First Amended Complaint against Defendant HEADGEAR states a claim
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PERMANENT INJUNCTION AGAINST DEFENDANT HEADGEAR, INC.

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upon which relief may be granted under 15 U.S.C. § 1125(d). 4. Plaintiff HAMC and Defendant HEADGEAR have waived all rights to appeal

or otherwise challenge or contest the validity of this judgment and order. 5. The facts alleged in the First Amended Complaint shall be taken as true for the

purpose of a non-dischargeability complaint in any bankruptcy proceeding. 6. The claims of Plaintiff HAMC arising prior to the entry of this order for

permanent injunction shall be, and hereby are, dismissed with prejudice. 7. Defendant HEADGEAR shall be permanently enjoined from using the

HELLS ANGELS Marks, or any confusingly similar marks or designs, on or in connection with any item of apparel or merchandise. For purposes of this order and injunction,

"HELLS ANGELS Marks" shall include the word mark "HELLS ANGELS" and any design incorporating the words "HELLS ANGELS". 8. Defendant HEADGEAR shall affirm and keep in force its previously

announced recall policy regarding its products that were distributed in commerce with the HELLS ANGELS Marks, that all such products should be returned to Defendant HEADGEAR for equal merchandise credit; all such returned items shall be destroyed. 9. Jurisdiction shall be retained for the purpose of enabling any party to this

judgment to apply to the Court at any time for such further orders or directions as may be necessary or appropriate for the carrying out of this judgment, for the resolution of any dispute or for the modification or termination of any of the injunctive provisions herein, for the enforcement of compliance therewith, and the punishment of violation thereof.

Dated: July 7, 2009
James Larson United States Magistrate Judge

PERMANENT INJUNCTION AGAINST DEFENDANT HEADGEAR, INC.

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