The American Automobile Association, Inc. v. AAA All Pro Auto Bellevue, Inc. et al

Filing 22

CONSENT ORDER OF JUDGMENT by Judge Richard A Jones. (CL)

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THE HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THE AMERICAN AUTOMOBILE
ASSOCIATION, INC.,

)
)
)
Plaintiff,
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v.
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)
AAA ALL PRO AUTO BELLEVUE, INC.; )
AAA ALL PRO AUTO REDMOND, INC.; )
GUY LOBIE; ROBERT PEAK aka ROBERT )
PARK, and JIM WENDT,
)
)
Defendants.
)
)

Case No. 2:13-cv-01210-RAJ
CONSENT ORDER OF JUDGMENT

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WHEREAS, The American Automobile Association, Inc. (“AAA”) has brought an

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action in this Court against AAA All Pro Auto Bellevue, Inc., AAA All Pro Auto Redmond,

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Inc., Guy Lobie, Robert Peak (a/k/a Robert Park), and Jim Wendt (the “Defendants”) alleging

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that the Defendants have knowingly and willfully violated AAA’s rights in its famous and

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distinctive AAA trademarks (“AAA Marks”), in violation of the Federal Trademark Act

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(“Lanham Act”), 15 U.S.C. §§ 1114, 1125, and Washington law, by making unauthorized use

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of the AAA Marks in the business names AAA All Pro Auto Repair, AAA All Pro Auto Care,

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AAA All Pro Auto Bellevue, Inc., and AAA All Pro Auto Redmond, Inc.;

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WHEREAS, the Court has jurisdiction over this civil action by virtue of 28 U.S.C. §§
1331, 1337, 1338, and 1367;

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CONSENT ORDER OF JUDGMENT - 1
NO. 2:13-CV-01210-RAJ
127716.0001/5948689.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: [phone]

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WHEREAS, AAA and Defendants AAA All Pro Auto Bellevue, Inc., AAA All Pro

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Auto Redmond, Inc., and Robert Peak (the “Settling Defendants”) have entered into a

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Confidential Settlement Agreement and Release (“Settlement Agreement”) to resolve any and

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all controversies and disputes between them existing as of this date;

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WHEREAS, pursuant to that Settlement Agreement, AAA has agreed to dismiss its
claims against the Settling Defendants for damages and attorneys’ fees and costs;

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WHEREAS, the Settling Defendants waive all defenses or counterclaims which they

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might otherwise raise at a trial on the merits of AAA’s demand for a temporary restraining

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order, preliminary injunction, permanent injunction, and/or damages; and

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WHEREAS, the Settling Defendants consent and agree that this Court enter a judgment

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permanently enjoining them from unauthorized use of AAA’s trademarks, or of marks

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confusingly similar to any of them.

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NOW THEREFORE, the Court does hereby ORDER as follows:

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1.

That Settling Defendants, their agents, attorneys, representatives, employees,

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and all persons in active concert or participation with them who receive notice hereof, are

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hereby permanently enjoined from any unauthorized use of AAA’s trademarks, or of marks

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confusingly similar to any of them (the “Injunction”);

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2.

That the Settling Defendants are ordered to take all necessary steps to cause the

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registrar of the domain name AAAALLPROAUTOCAREREDMOND.COM -- currently

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Register.com, Inc. -- to transfer to AAA the domain name and any other domain names

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containing the AAA Marks;

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3.

That each and every claim for damages, penalties, costs, and attorneys’ fees by

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AAA against the Settling Defendants, other than the permanent injunction granted herein, is

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hereby dismissed without prejudice pursuant to representations made by the Settling

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Defendants in the Settlement Agreement, and subject to fulfillment of all obligations set forth

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in the Settlement Agreement, except for such damages, penalties, costs, and/or attorneys’ fees

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which might result from any violation of this Consent Order of Judgment; and
CONSENT ORDER OF JUDGMENT - 2
NO. 2:13-CV-01210-RAJ
127716.0001/5948689.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: [phone]

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4.

That this case shall be closed as against the Settling Defendants, except that this

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Court shall retain jurisdiction for the purpose of enforcing the Settlement Agreement and this

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Consent Order of Judgment.

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DATED this 5th day of May, 2014.

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A

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The Honorable Richard A. Jones
United States District Judge

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BY CONSENT OF PLAINTIFF:

BY CONSENT OF DEFENDANTS AAA
ALL PRO AUTO BELLEVUE, INC., AAA
ALL PRO AUTO REDMOND, INC., AND
ROBERT PEAK:

s/Erin M. Wilson
Larry S. Gangnes, WSBA No. 08118
Erin M. Wilson, WSBA No. 42454
LANE POWELL PC
1420 Fifth Avenue, Suite 4200
Seattle, Washington 98111-9402
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

See Signature Attached to Dkt. # 14
Robert Peak
549 11th Avenue W
Kirkland, Washington 98052
Phone: [phone]

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Defendant, Pro Se, in his individual capacity
and on behalf of AAA All Pro Auto Bellevue,
Inc. and AAA All Pro Auto Redmond, Inc.

Attorney for Plaintiff
The American Automobile Association, Inc.
OF COUNSEL:
Neil K. Roman
Hope Hamilton
COVINGTON & BURLING LLP
1201 Pennsylvania Avenue, N.W.
Washington, D.C. 20004-2401

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CONSENT ORDER OF JUDGMENT - 3
NO. 2:13-CV-01210-RAJ
127716.0001/5948689.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: [phone]