Compassion International, Inc. v. Compassion Alliance, Inc.
ORDER Entering Consent Judgment and Permanent Injunction. Except as set forth, this action is otherwise DISMISSED WITH PREJUDICE and without any award of costs or fees to any party. This Court shall retain jurisdiction in this matter only for the purposes of enforcing this Consent Judgment and Order of Permanent Injunction, by Judge William J. Martinez on 5/2/2012.(ervsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 12-cv-00578-WJM-KLM
COMPASSION INTERNATIONAL, INC.
COMPASSION ALLIANCE, INC.
ORDER ENTERING CONSENT JUDGMENT AND PERMANENT INJUNCTION
This matter is before the Court on the parties’ Joint Motion for Entry of Consent
Judgment and Order of Permanent Injunction (ECF No. 19), along with the Consent
Judgment and [Proposed] Order of Permanent Injunction (ECF No. 15).
The parties to this action have stipulated to the facts set out in the below
paragraphs numbered 1 through 5:
This action arises under the Lanham Act, 15 U.S.C. §§ 1051 et. seq.
This Court has subject matter jurisdiction pursuant to 15 U.S.C. § 1121, and 28
U.S.C. §§ 1331, 1338, and 1367(a).
This Court has personal jurisdiction of all parties to this action, and the parties
acknowledge the jurisdiction of this Court to enter and enforce the Consent
Judgment and [Proposed] Order of Permanent Injunction.
Plaintiff Compassion International, Inc. (“Plaintiff”) is now, and for all relevant
times, has been the owner of several trademark registration U.S. Patent and
Trademark Office (“PTO”) for the COMPASSION mark (word only and in
combination with other design elements), including U.S. Registration Nos.
2,988,651; 1,552,859; 2,669,765; 2,826,007; 3,390,622; and 3,806,533, and all
of the rights thereto and thereunder. Plaintiff’s federal registrations and common
law rights in the COMPASSION trademarks described above are referred to
collectively herein as the “COMPASSION Marks.”
The COMPASSION Marks are presumptively valid and enforceable, and
Defendant Compassion Alliance, Inc. (“Defendant”) does not have and does not
claim earlier prior use of the COMPASSION Marks.
(ECF No. 15, at 1-2.)
Based on these stipulated facts and allegations, Defendant has consented to the
following JUDGMENT AND PERMANENT INJUNCTION against it:
JUDGMENT AND PERMANENT INJUNCTION
It is ORDERED that the Defendant, and each of its officers, directors, agents,
servants, and employees, and all others aiding, abetting, or acting in concert or
active participation therewith, as of the date of this Order, shall, beginning on
June 30, 2012, be immediately and permanently enjoined and restrained from
selling, offering, distributing, marketing, advertising, or promoting any charitable
goods or services under any mark or trade name containing the COMPASSION
Marks alone, or in combination with other terms, or any other mark confusingly
Defendant shall not sell, license or transfer any rights in the term COMPASSION,
either alone or in combination with any other term or phrase, or any other mark
confusingly similar thereto, to any other entity.
Except as set forth above, this action is otherwise DISMISSED WITH
PREJUDICE and without any award of costs or fees to any party. This Court
shall retain jurisdiction in this matter only for the purposes of enforcing this
Consent Judgment and Order of Permanent Injunction.
Dated this 2nd day of May, 2012.
BY THE COURT:
William J. Martínez
United States District Judge
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