G.I. Sportz Inc. v. APX Gear, LLC, 8:16-cv-02038-AG-KES. (2017)
Court: District Court, C.D. California
Number: infdco20171030657
Filed: Oct. 04, 2017
Latest Update: Oct. 04, 2017
Summary: [PROPOSED] JUDGMENT ANDREW J. GUILFORD , District Judge . The parties, having entered into the Settlement Agreement, and having entered into a Stipulation for Entry of Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. As a full and final resolution of all claims and defenses asserted in this action, Judgment shall be entered against Defendant in favor of Plaintiff. 2. All parties irrevocably and fully waive any and all rights to appeal this Judgment, to have it vacated or
Summary: [PROPOSED] JUDGMENT ANDREW J. GUILFORD , District Judge . The parties, having entered into the Settlement Agreement, and having entered into a Stipulation for Entry of Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. As a full and final resolution of all claims and defenses asserted in this action, Judgment shall be entered against Defendant in favor of Plaintiff. 2. All parties irrevocably and fully waive any and all rights to appeal this Judgment, to have it vacated or ..
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[PROPOSED] JUDGMENT
ANDREW J. GUILFORD, District Judge.
The parties, having entered into the Settlement Agreement, and having entered into a Stipulation for Entry of Judgment,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. As a full and final resolution of all claims and defenses asserted in this action, Judgment shall be entered against Defendant in favor of Plaintiff.
2. All parties irrevocably and fully waive any and all rights to appeal this Judgment, to have it vacated or set aside, to seek or obtain a new trial thereon, or otherwise to attack in any way, directly or collaterally, its validity or enforceability.
3. This Court has jurisdiction over the parties and subject matter hereto, and venue is proper in this District.
4. Defendant APX acknowledges that (a) Plaintiff GI Sportz Direct LLC is the sole and exclusive owner of the GI Trade Dress (embodied by its paintballs branded under its "Marballizer" brand and covered by U.S. Trademark Reg. No. 3,049,101 ("GI Trade Dress"); (b) the GI Trade Dress and U.S. Trademark Reg. No. 3,049,101, are valid and enforceable; and (c) the Infringing Paintballs infringed the GI Trade Dress and U.S. Trademark Reg. No. 3,049,101.
5. Defendant APX shall never again offer, either directly or through an affiliate, any products bearing the GI Trade Dress or any colorable imitation of the GI Trade Dress.
6. This Judgment is binding upon the parties, as well as upon their respective successors, assigns, subsidiaries, and divisions.
7. The parties have voluntarily consented to have this Court enter this Judgment.
8. Each party shall bear its own attorneys' fees and costs relating to this litigation that were incurred on or before the date of this Judgment.
Source: Leagle
