Bridgestone Brands, LLC v. Qingdao Odyking Tire Co., Ltd

Filing 16

FINAL JUDGMENT and PERMANENT INJUNCTION in favor of Plaintiff Bridgestone Brands, LLC and against Defendant against Qingdao Odyking Tire Co., Ltd. Defendant, its related companies, officers, directors, employees, agents, and all persons in acti ve concert or participation with are permanently enjoined from any and all action as set forth in the Settlement Agreement entered into by and between the parties, attached as Exhibit A. Signed by Chief Judge Gloria M. Navarro on 1/26/2015. (Copies have been distributed pursuant to the NEF - SLD)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
Bridgestone Brands, LLC,
Plaintiff,
v.
Qingdao Odyking Tire Co., Ltd.
Defendant.

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Civil Action No: 2:13-cv-02164-GMN-VCF

[PROPOSED] FINAL JUDGMENT
FINAL JUDGMENT
AND PERMANENT INJUNCTION
By and with the consent of Plaintiff and Defendant, the Court enters the following final
judgment and permanent injunction:
1.

This Court has jurisdiction over this matter pursuant to 15 U.S.C. § 1121 and 28

U.S.C. §§ 1331, 1338(a) and (b). Pursuant to 28 U.S.C. § 1367, this Court has supplemental
jurisdiction over Plaintiff’s state law claims because those claims form part of the same case or
controversy. This court has personal jurisdiction over the parties, and venue is proper in this
District pursuant to 28 U.S.C. § 1391(b) and (c).
2.

Good cause exists for the entry of this Final Judgment and Permanent Injunction

against Defendant.
THEREFORE, IT IS ORDERED AS FOLLOWS:
A.

As detailed in the settlement agreement attached as Exhibit A (the “Settlement

Agreement”), Defendant, its related companies, officers, directors, employees, agents, and all

persons in active concert or participation with any of them who receive actual notice of this
Judgment by personal service or otherwise are hereby PERMANENTLY ENJOINED from:
1.

Using, registering, or attempting to use or register (directly or indirectly) the
FAVORSTONE name or mark; the FAVORSTONE Logo; any name or mark
comprised of or containing the letters “FR” (including, but not limited to FR170,
FR270, FR370, FR470, FR570, FR670, FR770, and FR870); any variations
thereof; and/or any other term(s), stylization(s), or design(s) likely to be confused
with or to dilute any name or mark owned by Firestone or its related companies in
any form (e.g., as, or as part of, a product name or logo, company name or logo,
trademark, service mark, ornamentation, trade name, business name, fictitious
name, slogan, tagline, domain name, favicon, e-mail address, URL, social-media
name, screen name, keyword, metatag, or other name or identifier), in any
medium (e.g., print, television, radio, Internet, or other electronic or online
means), for any goods or services.

2.

Falsely claiming that Odyking’s tires use “BRIDGESTONE technology,” or
making any other false or misleading statements regarding Plaintiff, any of its
related companies, or any of their products, technology, or operations.

B.

Defendant will have ten (10) business days from the date of the full execution of

the Settlement Agreement to comply with Paragraph 5 of the agreement requiring, among other
things, the destruction and/or delivery to Bridgestone of all remaining products and materials
containing any of the Prohibited Terms and/or Firestone Advertisements.
C.

The Settlement Agreement is incorporated in and made part of this Judgment.

IT IS SO ORDERED this 26th day of January, 2015.
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Gloria M. Navarro, Chief Judge
United States District Court

EXHIBIT A