Filed: Jun. 16, 2014
Latest Update: Jun. 16, 2014
Summary: [Proposed] CONSENT DECREE PURSUANT TO STIPULATION VIRGINIA A. PHILLIPS, District Judge. The Court, having read and considered the Joint Stipulation for Entry of Consent Decree that has been executed on behalf of Plaintiff Eagle Tech Computers, Inc. ("Plaintiff"), Discounts Online, Inc. ("Defendant") and Westco, Inc. ("Cross-Defendant"), and good cause appearing therefore, hereby: ORDERS that this Consent Decree shall be and is hereby entered in the within action as follows: 1. This Court ha
Summary: [Proposed] CONSENT DECREE PURSUANT TO STIPULATION VIRGINIA A. PHILLIPS, District Judge. The Court, having read and considered the Joint Stipulation for Entry of Consent Decree that has been executed on behalf of Plaintiff Eagle Tech Computers, Inc. ("Plaintiff"), Discounts Online, Inc. ("Defendant") and Westco, Inc. ("Cross-Defendant"), and good cause appearing therefore, hereby: ORDERS that this Consent Decree shall be and is hereby entered in the within action as follows: 1. This Court has..
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[Proposed] CONSENT DECREE PURSUANT TO STIPULATION
VIRGINIA A. PHILLIPS, District Judge.
The Court, having read and considered the Joint Stipulation for Entry of Consent Decree that has been executed on behalf of Plaintiff Eagle Tech Computers, Inc. ("Plaintiff"), Discounts Online, Inc. ("Defendant") and Westco, Inc. ("Cross-Defendant"), and good cause appearing therefore, hereby:
ORDERS that this Consent Decree shall be and is hereby entered in the within action as follows:
1. This Court has jurisdiction over this matter pursuant to 15 U.S.C.A. § 1121 and 28 U.S.C.A. §§ 1331, 1332, 1338 and 1367.
2. Plaintiff is the owner of all rights in and to the trademark registration listed in Exhibit "A" ("Eagle Arion Mark") attached hereto and incorporated herein by this reference.
3. Plaintiff has expended considerable resources in the creation and commercial exploitation of the Eagle Arion Mark on merchandise and in the enforcement of its intellectual property rights in the Eagle Arion Mark.
4. Plaintiff has alleged that Defendant made unauthorized use of the Eagle Arion Mark.
5. Defendant has alleged that acts or omissions attributable to Cross-Defendant are responsible for Plaintiff's damages.
6. Defendant and Cross-Defendant, and their respective agents, servants, employees and all persons in active concert and participation with them who receive actual notice of the injunction are hereby restrained and enjoined from:
a) Infringing Plaintiff's trademark in the Eagle Arion Mark, either directly or contributorily, in any manner, including generally, but not limited to, manufacturing, importing, distributing, advertising, selling, or offering for sale, any unauthorized product which features the Eagle Arion Mark ("Unauthorized Products"), and, specifically:
i) Importing, manufacturing, distributing, advertising, selling, or offering for sale, the Unauthorized Products or any other unauthorized products which picture, reproduce, copy or use the likenesses of or bear a substantial similarity to the Eagle Arion Mark;
ii) Importing, manufacturing, distributing, advertising, selling, or offering for sale, in connection thereto any unauthorized promotional materials, labels, packaging or containers which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to the Eagle Arion Mark;
iii) Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead or deceive purchasers, Defendant's or Cross-Defendant's customers and/or members of the public to believe, the actions of Defendant or Cross-Defendant, the products sold or offered by Defendant or Cross-Defendant, or Defendant or Cross-Defendant themselves are connected with Plaintiff, are sponsored, approved or licensed by Plaintiff, or are affiliated with Plaintiff; or
iv) Affixing, applying, annexing or using in connection with the importation, manufacture, distribution, advertising, selling, offering for sale, or other use of any goods or services, a false description or representation, including words or other symbols, tending to falsely describe or represent such goods as being those of Plaintiff.
7. Each party shall bear its own fees and costs of suit.
8. This Consent Decree shall be deemed to have been served upon Defendant and Cross-Defendant at the time of its execution by the Court.
9. The Court finds there is no just reason for delay in entering this Consent Decree and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Consent Decree against Defendant and Cross-Defendant.
10. The Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Consent Decree.
11. Except as provided herein, all claims alleged in the Complaint and Counterclaim are dismissed with prejudice.
