Salud Natural Entrepreneur, Inc. v. Nutricentro Internacional, Inc. et al
Filing
303
MEMORANDUM Opinion and Order: Plaintiff's Motion for Voluntary Dismissal is granted and this matter is dismissed in its entirety. All pending motions are moot. See Order for further details. Signed by the Honorable James B. Zagel on 10/27/2015. Mailed notice(ep, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
SALUD NATURAL ENTREPRENEUR,
INC.,
Plaintiff,
No. 09 C 4417
Judge James B. Zagel
v.
NUTRICENTRO INTERNACIONAL, INC.,
et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Plaintiff filed a motion to voluntarily dismiss subject to terms and conditions on
6/5/2012. After a hearing, I took Plaintiff's Motion to voluntarily dismiss under advisement on
6/12/2012. I then granted the motion in part on 7/3/2012 and dismissed Carlos Vasquez from the
case in his personal capacity.
In light of the present circumstances, I am now granting the rest of Plaintiff’s motion
for voluntary dismissal subject to the terms and conditions contained therein and dismissing this
case. The terms are as follows:
(1) Defendant Azteca Productos, Inc., its officers, representatives,
directors, agents, affiliates, employees, and any and all persons or
entities in active concert with them are permanently enjoined from
using the marks NUTRILINA, and/or PINALINA, or any other
symbol/mark/trademark confusingly or deceptively similar to
Plaintiff’s trademark NOPALINA® in connection with the
manufacturing, promotion, advertising, sale, offer for sale, of any
product, or association with the solicitation, conduct and/or
expansion of Defendant’s business, or any herbal supplement
product, or otherwise competing unfairly with Plaintiff;
(2) Defendant Azteca Productos, Inc., its officers, representatives,
directors, agents, affiliates, employees, and any and all persons or
entities in active concert with them are permanently enjoined from
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using the trademark NOPALINA® in any manner, as a keyword,
keyword tag, meta tag, metadata, or in any sponsored or nonsponsored link, and in any manner over the web or in any other
media;
(3) Defendant Azteca Productos, Inc., its officers, representatives,
directors, agents, affiliates, employees, and any and all persons or
entities in active concert with them are permanently enjoined from
selling or otherwise transferring any ownership of other rights in
the marks NUTRILINA and/or PINALINA, including any rights in
any domain names containing NUTRILINA and/or PINALINA,
and Azteca Productos; and
(4) The court shall retain jurisdiction of this action to entertain
such further proceedings and to enter such further orders as may be
necessary or appropriate to implement and enforce the provisions
of this order.
ENTER:
James B. Zagel
United States District Judge
DATE: October 27, 2015
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