Harley-Davidson Motor Company et al v. Elworth's Harley-Davidson Sales & Service et al
Filing 44
ORDER FOR PERMANENT INJUNCTION AND DISMISSAL- Upon the 43 Stipulation for Dismissal by the parties, and the entire record in this action, and for good cause shown: Defendants and their employees, agents, partners, officers, directors, owners, share holders, principals, subsidiaries and related companies, and all persons in active concert or participation with any of them, are permanently enjoined and restrained from: (a) using the Harley-Davidson Trademarks, including the Harley-Davidson name a nd Bar & Shield Logo, and any other trademarks and logos that are confusingly similar to or dilutive of those marks, in any unauthorized manner including, but not limited to, on indoor and outdoor signage, banners, flags, floor mats, decals, advertis ing and promotional materials, posters, displays, fixtures, business cards, letterhead, stationery, forms, clothing and apparel, websites, and trailers, as business 1228143.1 names, as domain names, as e-mail addresses, as URLs, as metatags, or as an y other identifiers; and, (b) from representing by any means whatsoever, directly or indirectly, that defendants, any products or services offered by defendants, or any activities undertaken by defendants, are associated or connected in any way with plaintiffs, including continuing to represent or imply that either defendant is an authorized Harley-Davidson dealer. No bond shall be necessary in connection with the entry of this permanent injunction, and it shall no longer be necessary for plaint iffs to maintain the security bond posted in connection with the issuance of the preliminary injunction in this matter. The remainder of plaintiffs complaint, including plaintiffs claims for damages, attorneys fees and costs, is dismissed with prejud ice, except that this court shall retain jurisdiction to enforce its preliminary and permanent injunctions and plaintiffs are not waiving or relinquishing any claims they may have with respect to enforcement and/or any future failure to comply with these orders All of the defendants counterclaims, including all claims for declaratory relief, damages, attorneys fees and costs, are dismissed with prejudice. Ordered by Senior Judge Lyle E. Strom. (MKR)
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