Capriola Corp. et al v. Hampton Direct, Inc. et al

Filing 40

CONSENT FINAL JUDGMENT. See Order for details. The Clerk is directed to close the case. Signed by Judge Virginia M. Hernandez Covington on 4/21/2015. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CASE NO. 8:14-cv-3122-T-33TBM
CAPRIOLA CORP. and
LASER PEG VENTURES, LLC,
Plaintiffs,
v.
HAMPTON DIRECT, INC., and
ON DEMAND DIRECT RESPONSE, LLC,
Defendants.
_________________________________________/
HAMPTON DIRECT, INC.,
Counter-Plaintiff,
v.
CAPRIOLA CORP. and
LASER PEG VENTURES, LLC,
Counter-Defendants.
________________________________________/
ON DEMAND DIRECT RESPONSE II, LLC,
Counter-Plaintiff,
v.
CAPRIOLA CORP. and
LASER PEG VENTURES, LLC,
Counter-Defendants.
________________________________________/
CONSENT FINAL JUDGMENT
THIS CAUSE came before the Court upon consideration of the Joint Motion for Entry of
Consent Final Judgment between Plaintiffs CAPRIOLA CORP. and LASER PEGS

VENTURES, LLC. (collectively “Plaintiffs”), Defendants HAMPTON DIRECT, INC. and ON
DEMAND DIRECT RESPONSE II, LLC, mistakenly sued as On Demand Direct Response,
LLC, (collectively “Defendants”), and Counter-Plaintiffs HAMPTON DIRECT, INC. and ON
DEMAND DIRECT RESPONSE II, LLC (both Plaintiffs, Defendants, and Counter-Plaintiffs
defined as “Parties” and each individually a “Party”).
It appearing that the Parties have arrived at a settlement of Plaintiffs’ claims as well
Defendants’ respective counterclaims subject to the terms of the Settlement Agreements dated
February 19, 2015 and April 17, 2015 and have stipulated and consented to the relief set forth
herein, it is hereby ORDERED, ADJUDGED, and DECREED as follows:
1.

The Court finds that the following United States Trademark Registrations owned

by Capriola (and exclusively licensed to LPV) are both valid and enforceable:
(a) U.S. Trademark Registration No. 3,770,530 (“the ‘530 Registration”) for the
standard character mark LASER PEGS issued by the United States Patent &
Trademark Office (“USPTO”) on April 6, 2010 in International Class 28; and
(b) U.S. Registration No. 4,299,368 (“the ‘368 Registration”) for the standard
character mark LIGHT IT UP issued by the USPTO on March 5, 2013 in
International Class 28.
The ‘530 Registration and the ‘368 Registration shall be collectively referred to herein as the
“Capriola Marks” herein.
2.

The Court further finds that the Capriola Marks are both strong, distinctive and

have acquired secondary meaning in the marketplace.
3.

The ‘530 Registration, as well as the underlying mark LASER PEGS, as used by

Plaintiffs to advertise lighted construction set toys is hereby found not to be literally false as an
advertisement and likewise does not constitute any form of false advertising actionable under
Section 43(a) of the Lanham Act, or any related state cause of action.
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4.

It is further ORDERED that this Consent Final Judgment shall be deemed to

have been served upon the Parties at the time of its execution by the Court.
5.

The Court declines to retain jurisdiction over this action.

6.

The Court finds that HAMPTON DIRECT, INC. and ON DEMAND DIRECT

RESPONSE II, LLC are distinct and separate companies represented by separate counsel. Any
violation of this Consent Final Judgment by one of them shall not constitute a violation of this
Consent Final Judgment by the other. Similarly, any violation of a Settlement Agreement by
one of them shall not constitute a violation of the Settlement Agreement by the other.
7.

No appeals shall be taken from this Consent Final Judgment and the Parties waive

all rights to appeal.
8.

Defendants shall be dismissed from this lawsuit with prejudice with each Party

bearing their own Attorneys’ Fees and Costs.
9.

The Clerk is directed to close the case.

DONE and ORDERED in Chambers, in Tampa, Florida this 21st day of April, 2015.

Copies furnished to: All Counsel of Record

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