KMG International, BV v. Luna-Park

Filing 29

PERMANENT INJUNCTION. See order for details. Signed by Judge Elizabeth A. Kovachevich on 7/8/2015. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

KMG INTERNATIONAL, BV,
a foreign corporation,
Plaintiff,
Case No.:8:15-cv-00246-EAK-EAJ
vs.
LUNA-PARK,
a foreign corporation,
Defendant.

/
ORDER GRANTING
INJUNCTION
THIS CAUSE came before the Court for consideration of the Joint Stipulation and
Motion for Entry of Order Effectuating Settlement Agreement filed by Plaintiff, KMG
INTERNATIONAL, BV (“KMG”), and Defendant, LUNA-PARK (“Luna Park”), the Court has
considered the parties’ Joint Stipulation and Motion for Entry of Order and has been otherwise
advised in the premises:
NOW, THEREFORE, IT IS ORDERED AND ADJUDGED AS FOLLOWS:
1.

Luna Park, either alone or acting in concert with another, is hereby restrained and

enjoined from importing, offering to sell, or selling the Extreme ride, or any other ride, in the
United States of America which infringes upon U.S. Patent No. 6,872,144 up through October 9,
2023.
2.

Luna Park may advertise and promote the Extreme ride, including at trade shows

that take place in the United States. However, Luna Park will post a disclaimer on any brochures,
posters, banners, or advertisements displayed in the United States featuring the Extreme ride

which clearly indicates that the Extreme ride is not available for sale for customers located in the
United States and this specifically includes a disclaimer on any such promotional materials used
at trade shows in the United States. However, Luna Park is not required to include a disclaimer
on its website. This provision applies with equal force to any ride that infringes upon U.S. Patent
No. 6,872,144 up through October 9, 2023, whether marketed under the Extreme name or any
other name.
3.

The parties have agreed to waive the requirement of the posting of any bond in

connection with this permanent injunction, and therefore no bond shall be required by the Clerk
of Court.
DONE AND ORDERED in the chambers in Tampa, Florida, on
2015.

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