The American Automobile Association, Inc. v. AAA Action Auto Movers et al

Filing 12

CONSENT JUDGMENT entered dismissing the case. (BBC / PAO). (rep),(ps) Modified on 7/31/2012 (rep).

TN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

THE AMERICAN AUTOMOBILE
ASSOCIATION, INC.,

eM' Complaint No. 3:12-ev-00411

Plaintiff,

v.
A.~A ACTION AllTO MOVERS aDd
ANTHONY MALCEIN,

Defendanb.

~QNSENI

ORDER OF JUDGMENT

WHEREAS, The American Automobile Association. Inc. ("AAA") bas brought

an action in this Court against AAA Action Auto Movers and Anthony Malcein (hereinafter, the
"Defel1dMt~") in

which it has alleged that Defendants have knowingly and willfully violated

A..I\A's rights in its famous and distinctive AAA trademarks (liMA Mar.ks''), in violation of the
Federal Trademark Act ("Lanham Act"). 15 U.S.C. §§ 1114, 1125, and Wisconsin state la'rV, by

making unauthori2.ed use of the AAA Marks to advertise the AAA Action Auto Movers busjness
owned and operated by Defendants;
WHEREAS, the Court has jurisdiction over this civil action by virtue of 28

U.s.c. §§ 1331, 1338, and 1367;
WHEREAS. AAA and Defendants have entered into a Settlement Agreement to

resolve any and all c:ontroversies and disputes between them existing as oftbis date;
WHEREAS, pursuant to that Settlement Agrcemen~ AAA has·agreed to dis~ss
its claims for damages. attotneys' fees, and costs;

lJC.'; 4.f761~1i.1

WHEREAS. pursuant to that Settlement Agreement, Defendants have agreed and
consented to entry by the Court of a pennanenl injunction restraining them from violating
AAA!s trademark rights; and
WHEREAS, Defendants waive all defenses or counterclaims which it might
otherwise raise at a trial on the merits of AAA's demand for a lempotary restraining order,
preliminary injunction. pennanent injunction, and/or damages.
NOW 'THEREFORE, Defendants consent and agree that this Court enter a

judgment permanently e~oinini them from unauthorized use of AAA's trademarks, or of marks
confusingly similar to any ofthem.
The Court does hereby~ upon the consent of the parties, declare that a permanent
lnjunetion issue herein as follows:
IT IS ORDERED, ADJUDGED. AND DECREED:

1.

That Defendants, their agents. attorneys,

representath~es,

employees. and

all persons in active concert or pa.rticipation with them who receive notice hereof, an" hereby
permanently enjoilted from any unauthori~ed use of AM's trademarks. or of marks confusingly
similar to any of them in association with their business;
2.

That each

8.nd every claim for damages, penalties, costs, and attorneys'

.fees by AM against Defendants, other than the permanent injunction granted herein.

is hereby

dismissed without prejudice, except for such danlages, penalties, costs. and/or attorneys' fees
which might result from any violation of this Order; and
3.

That this case shall be closed, except that this Court shall retain

jurisdiction for the p1.U'pose of enfo~irig the Settlement Agreement and this Consent Order of
Judgment.
2

~
ENTERED thi~D day of

. .J.. . Ml-I-'I_ _~_~

2012

t:e

~6 ..~--+
Ct..c.--L4United States District Courl

BY CONSENT OF PLAINTIFF:

BY CONSENT OF
DEFENDANTS:

~~~...Jt:i~~~:..::...."=---_ ~ MaIcem C 7-2>--;';
a-zI}, aM:.
phi
. Benken
Quarles & Brady LLP
33 East Main Street

in. his individual capacity and on
behaff f.?f AM Action Auto Movers

Suite 900
Madi~on.,

WI 53703
Tel. No. (608) 2S1-S000

Fax No. [phone]
ArlomeysfiJr Plaintiff
TIle Amftrican Automobile Association. Inc.
OF COUNSEL:
Neil K. Roman
Peter D. Saharko
COVINGTON & BURLINO LLr
t 20 t Pennsylvania Avenue~ N.W
Washington. D.C. 20004-2401
Tel. No. [phone]
[e-mail]
[e-mail]1

Entered this

1J:.t:~

~day

of July, 2012.

0,
~e..l.~

Peter Oppeneer
Clerk of Court

J