Vineyard Vines, LLC v. Carolina Moon Graphics, LLC

Filing 33

CONSENT JUDGMENT AND PERMANENT INJUNCTION - Signed by Chief Judge James C. Dever III on 12/21/2017. (Briggeman, N.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Vineyard Vines, LLC,
Plaintiff/Counterclaim-Defendant
v.
Carolina Moon Graphics, LLC,
dba Moon Street USA,
Defendant/Counterclaim-Plaintiff

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Case No. 5:17-cv-242-D

CONSENT JUDGMENT AND PERMANENT INJUNCTION

The parties have settled this lawsuit pursuant to a settlement agreement. In doing so, the
parties have agreed to entry of a judgment in the form set forth herein.
NOW, THEREFORE, it is ORDERED, ADJUDGED and DECREED:
1.

As consented by Plaintiff/Counterclaim-Defendant, Vineyard Vines, LLC

("Vineyard Vines"), and Defendant/Counterclaim-Plaintiff, Carolina Moon Graphics, LLC dba
Moon Street USA ("Carolina Moon"):
(a)

For purposes of this lawsuit, this Court has personal jurisdiction over
Vineyard Vines and Carolina Moon; and

(b)

This Court has subject matter jurisdiction over the matters asserted in this
lawsuit.

2.

As set forth more fully in the Complaint filed in this lawsuit, Vineyard Vines has

alleged that it has used and federally registered as a trademark and service mark the designation
shown below (the "Vineyard Vines Whale Design Trademark"):

3.

Vineyard Vines has alleged that Carolina Moon, via its use of the designation

shown below (the "Carolina Moon Beer Bottle Trademark") on clothing goods and otherwise,
has unlawfully diluted the distinctiveness of the allegedly famous Vineyard Vines Whale Design
Trademark and otherwise committed unlawful acts, the particulars of which allegations also are
more fully set forth in the Complaint filed in this lawsuit.

4.

Carolina Moon has denied the salient allegations of the Complaint and, as set

forth more fully in its Answer, Affirmative Defenses and Counterclaims filed in this lawsuit, has
asserted various causes of action against Vineyard Vines, the salient allegations of which
Vineyard Vines has denied in Plaintiff Vineyard Vines' Answer to Defendant's Counterclaims.
5.

Each of the parties, without admitting any liability whatsoever, has agreed to enter

into this Consent Judgment and Permanent Injunction.
6.

Defendant Carolina Moon, its officers, agents, servants, employees, and attorneys,

and those natural persons and entities in active concert or participation with them who receive
actual notice of this Consent Judgment and Permanent Injunction by personal service or
otherwise, are permanently prohibited and enjoined (except as may be permitted under the

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parties' settlement agreement) from using the Carolina Moon Beer Bottle Trademark or any
other depiction of a smiling, left-facing whale on or in connection with the manufacturing,
packaging, labeling, importation, exportation, advertising, promoting, marketing, offering,
selling or distribution of clothing goods and any other goods in or from the United States and its
territories.
7.

This Court shall retain jurisdiction of the parties and this dispute for the purpose

of making any further orders necessary or proper for the interpretation, modification or
enforcement of this Consent Judgment and Permanent Injunction or the parties' underlying
settlement agreement.
8.

Otherwise, the parties' claims and counterclaims are hereby dismissed with

prejudice.
9.

Each party shall bear its own costs and attorneys' fees.

SO ORDERED. This t.l day of December 2017. ~

~---~~-----~~=R~V~~~.----------

JA
S C. DEVER III
Chief United States District Judge Name

Is/ Larry C. Jones
Larry C. Jones
ALSTON & BIRD LLP
101 S. Tryon Street, Suite 4000
Charlotte, NC 28280-4000
Tel: [phone]
E-mail: [e-mail]

Is/ Benjamin F. Sidbury
Benjamin F. Sidbury
BRYANCAVELLP
301 S. College Street, Suite 3900
Charlotte, NC 28202
Tel: [phone]
E-mail: [e-mail]

Attorneys for Plaintiff/CounterclaimDefendant,
Vineyard Vine~, LLC

Attorneys for Defendant/CounterclaimPlaintiff,
Carolina Moon Graphics, LLC
dba Moon Street USA

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