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Cascade Designs, Inc. v. JAB Distributors, LLC, 2:18-cv-1806-TSZ. (2019)

Court: District Court, D. Washington Number: infdco20190528d18 Visitors: 15
Filed: May 24, 2019
Latest Update: May 24, 2019
Summary: STIPULATED MOTION AND ORDER TO STAY, FOR ONE WEEK, TWO SENTENCES OF THE DEFAULT JUDGMENT THOMAS S. ZILLY , District Judge . Pursuant to LCR 10(g), Plaintiff Cascade Designs, Inc. and Defendant JAB Distributors, LLC, through counsel, hereby stipulate and move this Court for an Order staying, by only one week, this Court's Default Judgment, only with respect to the following: 1. "JAB must deliver to CDI's counsel its entire inventory of infringing products, including, without limitation, its
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STIPULATED MOTION AND ORDER TO STAY, FOR ONE WEEK, TWO SENTENCES OF THE DEFAULT JUDGMENT

Pursuant to LCR 10(g), Plaintiff Cascade Designs, Inc. and Defendant JAB Distributors, LLC, through counsel, hereby stipulate and move this Court for an Order staying, by only one week, this Court's Default Judgment, only with respect to the following:

1. "JAB must deliver to CDI's counsel its entire inventory of infringing products, including, without limitation, its sleep products, packaging, labeling, advertising and promotional material, and all plates, patterns, molds, matrices, and other material for producing or printing such items, that are in its possession or subject to its control and that infringe the THERM-A-REST® Marks."; and

2. "[T]he Commissioner of the United States Patent and Trademark Office is DIRECTED to cancel Registration Nos. 4,538,345 and 5,138,979.".

The reasons justifying the proposed change are as follows: the parties are engaged in active settlement discussions, which discussions might lead to an agreement that would lead to an un-winding or reversal of the foregoing ordered acts.

Accordingly, upon issuance of an Order, the foregoing obligations shall be perfected in full no later than May 31, 2019, and the remainder of this Court's April 24, 2019 Order remains undisturbed. Nothing in this Stipulated Motion or [Proposed] Order shall prevent the parties from seeking further relief.

ORDER

IT IS SO ORDERED.

Source:  Leagle

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