National Products, Inc. v. Arkon Resources, Inc.

Filing 234

ORDER DIRECTING ARKON TO DESTROY THE INFRINGING PRODUCTS IN USUAL AND CUSTOMARY MANNER OF DISPOSING OF TRASH by Hon. James P. Donohue. (KMP)

The Honorable James P. Donohue

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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NATIONAL PRODUCTS, INC.,
Plaintiff,

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No. C15-1553-JPD

v.
ARKON RESOURCES, INC.,
Defendant.

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ORDER DIRECTING ARKON TO
DESTROY THE INFRINGING
PRODUCTS IN USUAL AND
CUSTOMARY MANNER OF
DISPOSING OF TRASH

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This matter comes before the Court on National Products, Inc. (“NPI”)’s May 3, 2018

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Notice Regarding the Parties’ Meet-and-Confer About the Destruction Process, Dkt. 232, and

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defendant Arkon Resources, Inc.’s (“Arkon”) May 4, 2018 response, Dkt. 233. Specifically, NPI

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asserts that the parties have been unable to reach an agreement regarding the proper method and

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manner of destruction of the infringing products per the Court’s destruction order. Dkt. 232.

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Arkon asks the Court to stay the destruction order pending the resolution of its appeals, or

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alternatively, that it “be allowed to dispose of the products in its usual and customary trash at the

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time of pickup and that Arkon document the disposal such as through video.” Dkt. 233.

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Arkon’s request for a stay of the Court’s destruction order, Dkt. 255, is DENIED. Arkon

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shall dispose of the leftover infringing inventory in its usual and customary method of disposing

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of trash within 10 days of the date of this Order. If NPI wishes to observe the disposal process,

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counsel for NPI may choose to be present to witness such disposal.

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ORDER - 1

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The Clerk is directed to send a copy of this Order to counsel for both parties.

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DATED this 31st day of May, 2018.

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A

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JAMES P. DONOHUE
United States Magistrate Judge

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ORDER - 2