H-D USA LLC et al v. Urban Outfitters Inc et al

Filing 12

ORDER signed by Judge J.P. Stadtmueller on 4/28/2017 ADOPTING 11 Parties' Stipulation for Entry of Final Judgment. Defendants PERMANENTLY ENJOINED from activities listed. Action DISMISSED with prejudice. See Order. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
H-D U.S.A., LLC and HARLEYDAVIDSON MOTOR COMPANY
GROUP, LLC,
Case No. 17-CV-30-JPS
Plaintiffs,
v.
URBAN OUTFITTERS, INC., FREE
PEOPLE LLC, AND FREE PEOPLE OF
PA LLC,

ORDER

Defendants.
In this action, Plaintiffs allege trademark infringement and breach of
contract by Defendants. (Docket #5). Defendants have denied liability,
(Docket #11 at 1), but nonetheless on March 28, 2017, the parties notified the
Court that they had settled this matter, (Docket #10). On April 3, 2017, the
parties filed a stipulated request for entry of final judgment of permanent
injunction as part of that settlement. (Docket #11). The Court will adopt their
stipulation and enter judgment in line therewith.1
Accordingly,
IT IS ORDERED that:
A.

This Court has jurisdiction over Plaintiffs and Defendants.

B.

Defendants and their respective officers, directors, employees,

owners, parents, subsidiaries, affiliates, divisions, related companies,
retailers, and all persons in active concert or participation with any of them

1

Defendant Free People LLC merged into Defendant Free People of PA LLC.
(Docket #11 at 1). The parties nevertheless reference Free People LLC in their
stipulated judgment. Id. at 2-5. Out of an abundance of caution, the Court will retain
Free People LLC in the case caption and maintain references thereto in this Order.

who receive actual notice of this Order by personal service or otherwise, are
hereby PERMANENTLY ENJOINED from directly or indirectly:
1.

Manufacturing, advertising, promoting, distributing, shipping,
offering for sale, and selling any of the products shown on
pages 3 and 4 of the parties’ stipulation (Docket #11 at 3-4)
(collectively, the “Disputed Products”);

2.

Manufacturing, advertising, promoting, distributing, shipping,
offering for sale, and selling any other products bearing the
Harley-Davidson Trademarks, the trademarks owned by
Plaintiffs shown in Exhibit A to the parties’ stipulation (Docket
#11 at 8-36), and any trademarks, names, logos, or other
identifiers that are confusingly similar to or likely to dilute or
tarnish any such marks (excluding genuine, unaltered,
authorized Harley-Davidson products, if any);

3.

Manufacturing, advertising, promoting, distributing, shipping,
offering for sale, and selling genuine Harley-Davidson products
that have been altered or reconstructed;

4.

Falsely representing by any means whatsoever, directly or
indirectly, that Defendants, any products or services offered by
Defendants, or any activities undertaken by Defendants, are
authorized, licensed, or otherwise affiliated with Plaintiffs; and

5.

Instructing, assisting, aiding, or abetting any other person or
business entity in engaging or in performing any of the
activities referred to in subparagraphs B.1 through B.4 above.

C.

This Court shall retain jurisdiction of any disputes between the

parties, their heirs, successors, and assigns with respect to enforcement of the

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Stipulated Final Judgment of Permanent Injunction and the agreement
entered into between the parties to settle the above-captioned action.
IT IS FURTHER ORDERED that this action be and the same is hereby
DISMISSED with prejudice.
The Clerk of the Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 28th day of April, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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