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AMERICAN HONDA MOTOR CO., INC. v. V.M. PAOLOZZI IMPORTS INC., 7:10-CV-00955 (FJS-ATB). (2015)

Court: District Court, N.D. New York Number: infdco20151228700 Visitors: 12
Filed: Dec. 02, 2015
Latest Update: Dec. 02, 2015
Summary: CONSENT JUDGMENT FREDERICK J. SCULLIN, Jr. , District Judge . Plaintiff American Honda Motor Co., Inc. ("American Honda"), Defendant V.M. Paolozzi Imports, Inc. d/b/a DealMaker Honda of Watertown ("Defendant Watertown") and Defendant DealMaker of Potsdam, LLC d/b/a DealMaker Honda of Potsdam ("Defendant Potsdam"), having advised the Court that they have entered into a settlement agreement and that they consent to the entry of this Consent Judgment; and the Defendants having waived Findings
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CONSENT JUDGMENT

Plaintiff American Honda Motor Co., Inc. ("American Honda"), Defendant V.M. Paolozzi Imports, Inc. d/b/a DealMaker Honda of Watertown ("Defendant Watertown") and Defendant DealMaker of Potsdam, LLC d/b/a DealMaker Honda of Potsdam ("Defendant Potsdam"), having advised the Court that they have entered into a settlement agreement and that they consent to the entry of this Consent Judgment; and the Defendants having waived Findings of Fact and Conclusions of Law with respect to paragraph 1 below; and all parties having waived any right to appeal from this Consent Judgment;

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

1. Defendant Watertown and Defendant Potsdam are hereby permanently enjoined from using or displaying any Honda trademarks, Honda trade dress design elements, or other Honda markings.

2. This action is hereby dismissed with prejudice and without taxable costs to either party under Rule 54(d)(1) of the Federal Rules of Civil Procedure; provided, however, that this Consent Judgment shall not bar American Honda from asserting, as a set-off only and not as an affirmative claim or counterclaim, its claims for damages and attorney's fees asserted in the amended complaint in this action against Defendant Watertown and Defendant Potsdam, respectively, to reduce any potential recovery by Defendant Watertown or Defendant Potsdam, respectively, on any claims for damages asserted by Defendant Watertown or by Defendant Potsdam, respectively, in any other action or proceeding.

Accordingly, the Clerk is ordered to enter this Consent Judgment forthwith and without further notice.

IT IS SO ORDERED.

Source:  Leagle

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