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ADIDAS AG v. ARRIBA SPORTS, 2:14-cv-4184-SVW-JEM. (2014)

Court: District Court, C.D. California Number: infdco20141114891 Visitors: 18
Filed: Nov. 12, 2014
Latest Update: Nov. 12, 2014
Summary: (PROPOSED) PERMANENT INJUNCTION AGAINST DEFENDANTS MAPLE SPORTS, INC. AND IMRAN JAVED, INDIVIDUALLY AND DOING BUSINESS AS MAPLE SPORTS, INC., ON CONSENT STEPHEN V. WILSON, District Judge. Having considered the Complaint on file in this action, and Defendants Maple Sports, Inc. and Imran Javed, individually and doing business as Maple Sports, Inc. (collectively, "Maple Sports") having consented to the terms of the permanent injunction set forth below, this Court hereby finds as follows: 1. Pla
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(PROPOSED) PERMANENT INJUNCTION AGAINST DEFENDANTS MAPLE SPORTS, INC. AND IMRAN JAVED, INDIVIDUALLY AND DOING BUSINESS AS MAPLE SPORTS, INC., ON CONSENT

STEPHEN V. WILSON, District Judge.

Having considered the Complaint on file in this action, and Defendants Maple Sports, Inc. and Imran Javed, individually and doing business as Maple Sports, Inc. (collectively, "Maple Sports") having consented to the terms of the permanent injunction set forth below, this Court hereby finds as follows:

1. Plaintiffs adidas America, Inc. and adidas AG (collectively, "adidas") own and extensively use the Three-Stripe trademark (the "Three-Stripe Mark"), which is covered by valid U.S. Trademark Registration Nos. 870,136, 961,353, 1,815,956, 1,833,868, 2,016,963, 2,058,619, 2,278,589, 2,278,591, 2,284,308, 2,909,861, 2,999,646, 3,029,127, 3,029,129, 3,029,135, 3,063,742, 3,063,745, 3,087,329, 3,183,656, 3,183,663, and 3,236,505. adidas uses the Three-Stripe Mark in connection with footwear and apparel, among other goods.

2. On May 30, 2014, adidas filed a Complaint claiming, inter alia, that Maple Sports was manufacturing, importing, distributing, marketing, promoting, offering for sale, and selling apparel bearing confusingly similar imitations of adidas's federally registered Three-Stripe Mark (the "Infringing Apparel"). Photographs of representative examples of the Infringing Apparel are attached as Exhibit 1.

3. Maple Sports, Inc. accepted service of the Summons and Complaint on June 9, 2014 but has not yet filed an Answer or any other pleading in response to adidas's Complaint.

4. Imran Javed accepted service of the Summons and Complaint on June 9, 2014 and filed an answer on July 14, 2014.

5. The Court has jurisdiction over the subject matter of this action and over Maple Sports, and venue in this action is proper in this judicial district.

Accordingly, IT IS HEREBY ORDERED that:

1. Maple Sports and all of their agents, officers, employees, representatives, successors, assigns, attorneys, and all other persons acting for, with, by, through, or under authority from Maple Sports, or in concert or participation with Maple Sports, and each of them, are PERMANENTLY ENJOINED and RESTRAINED, from:

a. importing, manufacturing, producing, advertising, promoting, displaying, distributing, offering for sale, or selling the Infringing Apparel; and b. importing, manufacturing, producing, advertising, promoting, displaying, distributing, offering for sale, or selling any other apparel bearing the Three-Stripe Mark or any other confusingly similar imitation of adidas's Three-Stripe Mark, including without limitation any apparel with one additional stripe (i.e., four stripes) or less one of the three stripes (i.e, two stripes).

2. This Court shall have continuing jurisdiction to enforce the provisions of the permanent injunction entered herein.

3. The claims asserted in adidas's Complaint are hereby dismissed with prejudice, with each party bearing its own costs, including attorneys' fees.

IT IS SO ORDERED.

EXHIBIT 1

Source:  Leagle

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