Gates Corporation v. Dorman Products, Inc.

Filing 65

ORDER Directing Clerk to Enter Judgment Pursuant to Federal Rule of Civil Procedure 68 re: 64 Notice of Acceptance with Offer of Judgment filed by Gates Corporation. by Judge Christine M. Arguello on 5/24/2010. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-02058-CMA-KLM GATES CORPORATION, a Delaware corporation, Plaintiff, v. DORMAN PRODUCTS, INC., a Pennsylvania corporation, Defendant.

ORDER DIRECTING CLERK TO ENTER JUDGMENT PURSUANT TO DEFENDANT DORMAN PRODUCTS, INC.'S OFFER FOR JUDGMENT UNDER FEDERAL RULE OF CIVIL PROCEDURE 68

The Court having reviewed Defendant Dorman Products, Inc.'s Offer for Judgment Pursuant to Federal Rule of Civil Procedure 68 (Doc. # 62), hereby ORDERS the Clerk of the Court to enter judgment under the following terms: 1. Defendant, its officers, agents, and employees and all others acting at

the direction of Defendant to advertise, sell or distribute automatic belt tensioners are permanently enjoined from using the following phrases, individually or in combination, or any reasonably colorable variation of them in advertising, sales promotion or distribution of automatic belt tensioners: a) b) "All SAE Specifications," "OE Solutions,"

c) d)

"OE Quality," "OE Performance."

IT IS FURTHER ORDERED that this case is DISMISSED WITH PREJUDICE, each party to bear its own costs and attorneys' fees. DATED: May 24 , 2010 BY THE COURT:

_______________________________ CHRISTINE M. ARGUELLO United States District Judge

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