Darex, LLC v. Beach Audio, Inc.

Filing 7

ORDER: Granting Motion for a Permanent Injunction 6 . Signed on 3/31/2021 by Judge Michael J. McShane. (cp)

Darrel R. Jarvis (OSB #955013)
[e-mail]
JARVIS, DREYER, GLATTE & LARSEN, LLP
823 Alder Creek Drive
Medford, Oregon 97504
Telephone: [phone]
Facsimile: [phone]
Timothy D. Nichols (pro hac vice forthcoming)
[e-mail]
Brian N. Platt (pro hac vice forthcoming)
[e-mail]
WORKMAN NYDEGGER
60 East South Temple Suite 1000
Salt Lake City, UT 84111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Darex, LLC

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
MEDFORD DIVISION
DAREX, LLC,

Case No.: 1:20-cv-2236-MC
Plaintiff,

v.

STIPULATED PERMANENT INJUNCTION

BEACH AUDIO, INC.
Defendants.
_____________________________________
THIS MATTER COMES before the Court on a Stipulated Motion of Darex, LLC (“Darex”
or “Plaintiff”) and Defendant Beach Audio, Inc. (“BA” or “Defendant”) for entry of this Stipulated
Permanent Injunction. The Court having reviewed the Stipulated Motion and being otherwise duly
and fully advised in the premises thereof including Plaintiff’s and Defendant’s agreement to the
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entry of this Stipulated Permanent Injunction, the Court hereby ORDERS and ADJUDGES as
follows:
FINDINGS AND CONCLUSIONS
1.

Plaintiff Darex, LLC is a limited liability company organized and existing under

the laws of the State of Oregon with a principal place of business at 210 E Hersey St, Ashland, OR
97520.
2.

Beach Audio, Inc. is a corporation organized and existing under the laws of the

State of California with a principal place of business at 1610 N Sepulveda Blvd #712, Manhattan
Beach, CA 90266, doing business on the internet as Beach Audio (www.BeachAudio.com).
3.

Plaintiff and Defendant have stipulated and agreed to the entry of this stipulated

permanent injunction order without any admission of wrongdoing or violation or law.
4.

The Court has subject matter jurisdiction over the dispute that is the subject of this

Stipulated Permanent Injunction.
5.

The Court has personal jurisdiction over the Defendant BA.

6.

Venue is proper in this Court.

7.

Darex is the owner of the DRILL DOCTOR trademark with United States

Trademark Registration Nos. 2,083,587 (the “’587 Trademark”) and 6,077,987 (the “’987
Trademark”) (collectively, the “Darex Trademarks”).

Beach Audio has used the Darex

Trademarks in connection with other products in a way that is confusing and misleading to
customers.

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8.

Darex is the owner of the WORK SHARP trademark with United States Trademark

Registration Nos. 3,407,214 (the “’214 Trademark”); 4,026,814 (the “’814 Trademark”); and
6,077,986 (the “’986 Trademark”) (collectively, the “Work Sharp Trademarks”). Beach Audio
has used the Work Sharp Trademarks in connection with other products in a way that is confusing
and misleading to customers.

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9.

Darex is the owner of U.S. Copyright Registration Number: VA 2-223-798 (“’798

Copyright”) and Registration Number: VA 2-224-250 (“’250 Copyright”) for the product images
shown below.

10.

BA used the Darex copyrighted images without authorization in advertising at

www.BeachAudio.com:

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PERMANENT INJUNCTION
11.

Defendant, its officers, agents, servants, employees, and all persons acting in active

concert or participation with it who receives actual notice of this injunction by personal service or
otherwise, are hereby permanently enjoined as follows:
a. Defendant is enjoined from using any trademark owned by Darex or any
confusingly similar mark in connection with any product, packaging, product
listing, domain name, business name, or any other form of product
identification, and from selling any product that contains any Darex Trademark,
including any Darex product.
b. Defendant is enjoined from producing, reproducing, distributing, copying, or
using any graphic or pictorial representation protected by any copyright owned
by Darex or any substantially similar variation thereof in connection with any
product, packaging, product listing, or any other product sale.
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12.

The Court shall maintain jurisdiction over this action for purposes of enforcement

of this Stipulated Permanent Injunction between Plaintiff and Defendant.
13.

All parties shall bear their respective attorneys’ fees and costs.

IT IS SO ORDERED.

s/Michael J. McShane
________________________________________
MICHAEL J. McSHANE
UNITED STATES DISTRICT COURT

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