Experience Hendrix LLC et al v. HendrixLicensing.com Ltd et al

Filing 162

PERMANENT INJUNCTION by Judge Thomas S. Zilly. (TF)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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EXPERIENCE HENDRIX, L.L.C., et al.,
No. C09-285Z

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Plaintiffs,
PERMANENT INJUNCTION

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vs.
HENDRIXLICENSING.COM, LTD, et al.,

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Defendants.

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IT IS ORDERED, ADJUDGED, AND DECREED as follows:
1. Defendants are forever permanently enjoined from:
(i)

Using any domain name incorporating the mark HENDRIX in connection

with the advertising and/or sale of posters, artwork, fine art prints, apparel,
merchandise, memorabilia, and/or novelty items containing images of or by
Jimi Hendrix or otherwise relating to Jimi Hendrix;
(ii)

Using any business name incorporating the mark HENDRIX in connection

with the advertising and/or sale of posters, artwork, fine art prints, apparel,

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merchandise, memorabilia, and/or novelty items containing images of or by

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Jimi Hendrix or otherwise relating to Jimi Hendrix;

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(iii)

Using the following “guitar and headshot” logo or any similar mark, brand,

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or logo, in connection with the advertising and/or sale of posters, artwork, fine art

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prints, apparel, merchandise, memorabilia, and/or novelty items;

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(iv)

Using the following Jimi Hendrix signature or any similar signature, mark,

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brand, or logo in connection with the advertising and/or sale of posters, artwork, fine

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art prints, apparel, merchandise, memorabilia, and/or novelty items;

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(v)

Registering or applying to register as trademarks or service marks the

domain names or business names described above, the “guitar and headshot” logo

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described above, the Jimi Hendrix signature described above, and/or any similar
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mark, brand, or logo (collectively, the “Infringing Marks”); and
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(vi)

Using the Infringing Marks in connection with the provision of any online

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services associated with the advertising and/or sale of posters, artwork, fine art
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prints, apparel, merchandise, memorabilia, and/or novelty items containing images
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of or by Jimi Hendrix or otherwise relating to Jimi Hendrix.
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PERMANENT INJUNCTION – 2

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2. Within ten (10) days after entry of this Permanent Injunction, Defendants shall

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withdraw from the stream of commerce all advertising materials and products, and all product

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packaging and labels, containing, using, or displaying the Infringing Marks.

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3. Within ten (10) days after entry of this Permanent Injunction, Defendants shall

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transmit a copy of this Permanent Injunction to their affiliates, officers, agents, servants,

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employees, attorneys, distributors, and licensees, and to all other persons in active concert or

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participation with Defendants, and to any individuals or entities who Defendants know are in

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possession of advertising materials and/or products, product packaging, or labels intended to be

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sold or distributed either wholesale or retail that contain the Infringing Marks, and to each

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person who has acquired or licensed from Defendants any products, product packaging, labels,

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or advertising materials bearing the Infringing Marks. Defendants shall direct all such persons

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to comply with the terms of this Permanent Injunction and shall demand that each such

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distributor, seller, retailer, agent, customer, licensee, and person immediately withdraw the

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infringing products from the market and cease all related advertising and marketing.

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Defendants shall make the financial arrangements necessary to secure the return to them or

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destruction of such advertising materials and/or products, product packaging, or labels.

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4. Defendants are directed to file with this Court and serve on Plaintiffs within thirty

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(30) days after entry of this Permanent Injunction a report in writing, under oath, setting forth in

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detail the manner and form in which Defendants have complied with this Permanent Injunction.

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5. Nothing in this Permanent Injunction shall be construed as enjoining, prohibiting, or

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otherwise inhibiting Defendants or any other entity or person from creating, reproducing,

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advertising, distributing, selling, or otherwise commercially trading in images or likenesses of

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Jimi Hendrix. The Court makes no ruling concerning whether any such images or likenesses
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might be otherwise protected by copyright laws.

In addition, nothing in this Permanent

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Injunction shall be construed as enjoining, prohibiting, or otherwise inhibiting Defendants or

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any other entity or person from using the names or marks “Jimi Hendrix” or “Hendrix” to

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identify the subject of an associated image or the author or creator of an associated work of art.

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IT IS SO ORDERED.

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DATED and ENTERED this 21st day of September, 2011.

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A

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Thomas S. Zilly
United States District Judge

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