Filed: May 04, 2018
Latest Update: May 04, 2018
Summary: [PROPOSED] PERMANENT INJUNCTION AGAINST DEFENDANT BALDWIN SUN, INC. VIRGINIA A. PHILLIPS , District Judge . The Court, pursuant to the Stipulation for Entry of Permanent Injunction between Plaintiff Second Generation, Inc. ("Plaintiff"), on the one hand, and Defendant Baldwin Sun, Inc. ("Baldwin Sun"), on the other hand, hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered against Baldwin Sun, Inc. in connection with the federally registered t
Summary: [PROPOSED] PERMANENT INJUNCTION AGAINST DEFENDANT BALDWIN SUN, INC. VIRGINIA A. PHILLIPS , District Judge . The Court, pursuant to the Stipulation for Entry of Permanent Injunction between Plaintiff Second Generation, Inc. ("Plaintiff"), on the one hand, and Defendant Baldwin Sun, Inc. ("Baldwin Sun"), on the other hand, hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered against Baldwin Sun, Inc. in connection with the federally registered tr..
More
[PROPOSED] PERMANENT INJUNCTION AGAINST DEFENDANT BALDWIN SUN, INC.
VIRGINIA A. PHILLIPS, District Judge.
The Court, pursuant to the Stipulation for Entry of Permanent Injunction between Plaintiff Second Generation, Inc. ("Plaintiff"), on the one hand, and Defendant Baldwin Sun, Inc. ("Baldwin Sun"), on the other hand, hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered against Baldwin Sun, Inc. in connection with the federally registered trademark "MADE WITH LOVE, WORN WITH LOVE" (Registration No. 4538631) (the "SecGen Trademark") as follows:
1. PERMANENT INJUNCTION. Baldwin Sun is hereby restrained and enjoined, pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, any of the following activities in the United States and throughout the world:
(i) copying, manufacturing, importing, exporting, marketing, advertising, promoting, displaying, purchasing, selling, offering for sale, reproducing, acquiring, transferring, brokering, consigning, storing, shipping, licensing, developing, delivering, distributing and/or dealing in any product or service that uses, or otherwise makes any use of the SecGen Trademark, and/or any intellectual property that is confusingly or substantially similar to, or that constitutes a colorable imitation of the SecGen Trademark;
(ii) using any trademark or trade name that falsely represents, or is likely to confuse, mislead, or deceive purchasers, customers, or members of the public to believe that unauthorized products, imported, exported, manufactured, reproduced, distributed, assembled, acquired, exported, offered, sold, transferred, brokered, consigned, distributed, shipped, marketed, advertised and/or promoted by Baldwin Sun originate from SecGen, or that said merchandise has been sponsored, approved, licensed by, or associated with SecGen or is, in some way, connected or affiliated with SecGen;
(iii) engaging in any conduct that falsely represents, or is likely to confuse, mislead, or deceive, purchasers, customers, or members of the public to believe that Baldwin Sun is connected with, or is in some way sponsored by or affiliated with SecGen; and
(iv) engaging in any acts of federal and/or state trademark infringement, false Case 2:16-cv-08690-VAP-PJW Document 61 Filed 05/04/18 Page 3 of 4 Page ID #:300 designation, false advertising, unfair competition, dilution or other act(s) which would tend to damage or injure SecGen's rights in and to the SecGen Trademark.
2. This Permanent Injunction shall be deemed to have been served upon Baldwin Sun at the time of its execution by the Court.
3. The Court finds there is no just reason for delay in entering this Permanent Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Permanent Injunction against Baldwin Sun.
4. NO APPEALS AND CONTINUING JURISDICTION. No appeals shall be taken from this Permanent Injunction, and SecGen and Baldwin Sun waive all rights to appeal. This Court expressly retains jurisdiction over this matter to enforce any violation of this terms of this Permanent Injunction.
5. NO FEES AND COSTS. SecGen, on the one hand, and Baldwin Sun, on the other, shall bear their own attorneys' fees and costs incurred to date in connection with the above-captioned matter.
IT IS SO ORDERED, ADJUDICATED and DECREED.
