Delta Air Lines, Inc. v. Delta Travel LLC, CV14-04439-R-SH. (2014)
Court: District Court, C.D. California
Number: infdco20140801b42
Visitors: 20
Filed: Jul. 30, 2014
Latest Update: Jul. 30, 2014
Summary: STIPULATED INJUNCTION AS TO DEFENDANTS DELTA TRAVEL LLC AND ERIC SHUMAN MANUEL L. REAL, District Judge. Based on the stipulation of Plaintiff Delta Air Lines, Inc. ("Plaintiff" or "Delta") and Defendants Delta Travel LLC ("Delta Travel Services") and Eric Shuman ("Shuman") (together the "Enjoined Defendants"), and finding Good Cause, IT IS HEREBY ORDERED 1. The entry of a Preliminary Injunction against the Enjoined Parties shall be entered on the following terms. 2. DEFINITIONS. "Delta Mark
Summary: STIPULATED INJUNCTION AS TO DEFENDANTS DELTA TRAVEL LLC AND ERIC SHUMAN MANUEL L. REAL, District Judge. Based on the stipulation of Plaintiff Delta Air Lines, Inc. ("Plaintiff" or "Delta") and Defendants Delta Travel LLC ("Delta Travel Services") and Eric Shuman ("Shuman") (together the "Enjoined Defendants"), and finding Good Cause, IT IS HEREBY ORDERED 1. The entry of a Preliminary Injunction against the Enjoined Parties shall be entered on the following terms. 2. DEFINITIONS. "Delta Marks..
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STIPULATED INJUNCTION AS TO DEFENDANTS DELTA TRAVEL LLC AND ERIC SHUMAN
MANUEL L. REAL, District Judge.
Based on the stipulation of Plaintiff Delta Air Lines, Inc. ("Plaintiff" or "Delta") and Defendants Delta Travel LLC ("Delta Travel Services") and Eric Shuman ("Shuman") (together the "Enjoined Defendants"), and finding Good Cause, IT IS HEREBY ORDERED
1. The entry of a Preliminary Injunction against the Enjoined Parties shall be entered on the following terms.
2. DEFINITIONS.
"Delta Marks" means and includes the following registered marks, all of which are owned solely by Delta:
Reg. No. Mark Registration Date
0523611 DELTA AIR LINES April 4, 1950
0654915 DELTA November 19, 1957
0802405 DELTAMATIC January 18, 1966
0963228 DELTA AIR LINES (IN OVAL LOGO) July 3, 1973
0970418 DELTA AIR LINES October 9, 1973
1428763 DELTA CONNECTION February 10, 1987
1703774 DELTA SHUTTLE July 28, 1992
1733703 DELTA CENTER November 17, 1992
1740294 DELTA CENTER (WITH WIDGET LOGO) December 15, 1992
2058985 DELTA & 1960 AIRCRAFT DESIGN May 6, 1997
2408003 DELTA VACATIONS November 28, 2000
2662451 DELTA AIRELITE December 17, 2002
2980826 DELTA CONNECTION August 2, 2005
3890727 DELTA SKY CLUB December 14, 2010
3994004 DELTA ASSIST July 12, 2011
0704103 WIDGET LOGO September 6, 1960
1143697 WIDGET (OPEN) December 16, 1980
2556013 WIDGET LOGO April 2, 2002
1968255 SKYMILES April 16, 1996
3. PRELIMINARY INJUNCTION.
Until the final disposition of this case or other intervening order of this Court, the Enjoined Defendants — Delta Travel and Shuman, are restrained and enjoined from:
A. creating, printing, shipping, delivering, mailing, distributing, collecting, returning, knowingly profiting from, or using in any manner documents or materials bearing the name "Delta" as it relates in any form, way, or manner to:
B. the airline industry, including air transportation services;
C. the travel industry, including, but not limited to, travel clubs, vacation clubs, timeshare management and sales, airfare-related giveaways, promotions, or premiums, and/or all other travel-related services or products; and/or
D. the Delta Marks, including any reproduction, counterfeit, copy, or colorable imitation thereof;
E. making any statement or representation via any medium, whether oral or written, to the effect that they or any other Defendant herein was or is:
1. affiliated with Delta;
2. an agent, partner, or contractor of Delta; and/or
3. otherwise acting on behalf of Delta or with the authorization, approval, consent, or ratification of Delta;
F. otherwise using the Delta name or any Delta Mark in any way in relation to the operation and marketing of these Defendants' current or future businesses and commercial pursuits;
G. (d) participating in, aiding, abetting, enabling, encouraging, ratifying, assisting in, profiting from, inducing, conspiring to carry out, directing, contracting for, and/or otherwise contributing to the commission of any act that would be a violation of this Preliminary Injunction if performed or carried out by an enjoined person or entity; and
H. destroying or otherwise disposing of any products, digital storage media, items, merchandise, business records, or other documents of any sort or type:
1. that memorialize, arise from, touch upon, or relate to in any way to any contractual or business relationship involving one or more of the Defendants listed in the style of this case;
2. that bear or contain the Delta name and/or Delta Marks and/or any reproduction, counterfeit, copy, or colorable imitation thereof; and/or
3. the destruction or disposal of which would otherwise violate an enjoined Defendant's document retention obligations pursuant to Federal Rule of Civil Procedure 26 and other applicable federal law.
I. Enjoined Defendants agree to waive any requirement that Plaintiff post an undertaking or bond underlying this Preliminary Injunction.
IT IS SO ORDERED
Source: Leagle
