American Automobile Association v. Clayton

Filing 9

ORDER FOR CONSENT JUDGMENT. The Unopposed Motion For Entry Of Consent Judgment 8 filed 09/03/2009, is granted. This case shall be closed, except that this Court shall retain jurisdiction for the purpose of enforcing the Settlement Agreement and Release and Consent Judgment by Judge Robert E. Blackburn on 09/03/2009. (sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01457-REB-CBS AMERICAN AUTOMOBILE ASSOCIATION, Plaintiff, v. WILLIAM C. CLAYTON, JR., d/b/a AAA All County Bail Bonds, Defendant. ORDER FOR CONSENT JUDGMENT Blackburn, J. The matter is before the court on the Unopposed Motion For Entry Of Consent Judgment [#8] filed September 3, 2009. WHEREAS, the American Automobile Association ("AAA") has brought an action in this Court against Defendant William C. Clayton, Jr., alleging violations of the Federal Trademark Act ("Lanham Act"), 15 U.S.C. 1114 and 1125, and Colorado state law; WHEREAS, the Court has jurisdiction over this civil action by virtue of 15 U.S.C. 1121 and 28 U.S.C. 1331, 1338, 1367; WHEREAS, William C. Clayton, Jr., was properly served with both a Summons and the Complaint on July 14, 2009; WHEREAS, AAA alleges that William C. Clayton, Jr., through his use of AAA's trademarks in connection with his business, infringed on AAA's trademarks; WHEREAS, AAA and William C. Clayton, Jr., have entered into a Settlement Agreement and Release to resolve all controversies and disputes between them existing as of this date; and WHEREAS, AAA agrees to dismiss without prejudice its claims for damages against William C. Clayton, Jr.; NOW THEREFORE, William C. Clayton, Jr., consents and agrees that this Court enter a judgment permanently enjoining him from any further unauthorized use of AAA's trademarks, or of marks confusingly similar to any of them. The Court does hereby, on the consent of the parties, declare that a permanent injunction shall issue herein as follows: IT IS ORDERED, ADJUDGED, AND DECREED: 1.That the Unopposed Motion For Entry Of Consent Judgment [#8] filed September 3, 2009, is granted; 2. That William C. Clayton, Jr. (and all individuals, agents, attorneys, representatives, business entities, and other persons in active concert with any of the named parties who receive notice hereof), is hereby permanently enjoined from any unauthorized use of AAA's trademarks or of any marks confusingly similar to any of them, except as expressly provided otherwise in the Settlement Agreement and Release; 3. That each and every claim for damages, penalties, costs and attorney fees by AAA against William C. Clayton, Jr., other than the permanent injunction granted herein, is hereby dismissed without prejudice, except as expressly provided otherwise by the Settlement Agreement and Release and except for such damages, penalties, costs, and/or attorneys fees which might result from any violations by William C. Clayton, Jr., of this Consent Judgment; -2- 4. That William C. Clayton, Jr., is required to file with this Court and serve on AAA by October 15, 2009, a report setting forth in detail the manner in which he has complied with the parties' Settlement Agreement and Release and this Consent Judgment; 5. 6. That judgment shall enter accordingly; and That this case shall be closed, except that this Court shall retain jurisdiction for the purpose of enforcing the Settlement Agreement and Release and Consent Judgment. ENTERED September 3, 2009. _______________________________ BY CONSENT OF PLAINTIFF: s/Elizabeth H. Getches ____________________________ William F. Jones (#35294) Elizabeth H. Getches (#34898) Moye White LLP 16 Market Square, Sixth Floor 1400-Sixteenth Street Denver, CO 80202 Telephone: (303) 292-2900 Facsimile: (303) 292-4510 Email: billy.jones@moyewhite.com liza.getches@moyewhite.com Of Counsel: Richard W. Smith Joshua David Rogaczewski McDermott Will & Emery LLP 600 13th Street, N.W. Washington, D.C. 20005 BY CONSENT OF DEFENDANT: s/Leonard Berenato ________________________ Leonard Berenato (#13693) 1626 Washington Street Denver, CO 80203-1407 Telephone: (303) 831-1669 FAX: (303) 832-4515 Email: lberenato@qwest.com -3- Telephone: 202.756.8000 Facsimile: 202.756.8087 -4-

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