The McBride Organization LLC v. Phantom Athletics et al

Filing 29

FINAL JUDGMENT AND PERMANENT INJUNCTION. Signed by Judge Rosanna Malouf Peterson. (Attachments: # 1 Settlement Agreement)(AY, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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THE MCBRIDE ORGANIZATION,
LLC, a Washington limited liability
company,
Plaintiff,

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NO: 2:17-CV-231-RMP
FINAL JUDGMENT AND
PERMENANT INJUNCTION

v.
DOMINIQUE WENGER, an
individual; and PHANTOM
ATHLETICS, a foreign entity doing
business in the United States,

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Defendants.
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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 28 U.S.C.

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§2201(a), 28 U.S.C. §§1331 and 1338(a), and 15 U.S.C. §1125. This Court has

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supplemental jurisdiction over Plaintiff’s state law claims pursuant to 28 U.S.C.

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§1367(a). This Court has personal jurisdiction over the parties, and venue is proper

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in this District pursuant to 28 U.S.C. §1391(b).
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2.

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

Injunction against Plaintiff.
THEREFORE, IT IS ORDERED AS FOLLOWS:
A.

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

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“Settlement Agreement”), Plaintiff, its related companies, officers, directors,

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employees, agents, and all persons in active concert or participation with any of

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them who receive actual notice of this Judgment by personal service or otherwise

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are hereby PERMANENTLY ENJOINED from (i) offering Phantom products that

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are not genuine products obtained from authorized distributors identified by

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Phantom; (ii) using the PHANTOM ATHLETICS logo, any portions or variations

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thereof, the PHANTOM ATHLETICS trademark, and/or any other term(s),

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stylization(s), or design(s) likely to be confused with or to dilute any name or mark

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owned by Phantom or its related companies (except as needed to sell genuine

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Phantom products); and (iii) using copyrighted images owned by Phantom without

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the express written permission of Phantom.

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B.

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

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execution of the Settlement Agreement between the parties to comply with

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Paragraph 3 of the agreement requiring, among other things, the delivery to

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Phantom’s counsel in the United States of all remaining non-authentic Phantom

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products.

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C.

Plaintiff’s claims are dismissed with prejudice.

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D.

The Settlement Agreement entered into between the parties shall be

incorporated in and made part of this Judgment.
E.

This Court retains jurisdiction over any disputes between the parties

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with respect to the enforcement and/or interpretation of this Judgment and/or the

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attached settlement agreement.

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The District Court Clerk is directed to enter this Order, enter Judgment
accordingly, provide copies to counsel, and close this case.
DATED August 14, 2017.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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FINAL JUDGMENT AND PERMENANT INJUNCTION ~ 3