Filed: Mar. 18, 2020
Latest Update: Mar. 18, 2020
Summary: STIPULATED PERMANENT INJUNCTION RICARDO S. MARTINEZ , Chief District Judge . STIPULATION Plaintiff Amazon.com, Inc. and Defendants First Impression Interactive, Inc., Jeffrey Giles, and Dale Brown (collectively "Parties"), by and through their respective counsel of record, notify the Court that the parties have reached a settlement of all claims in this matter. Pursuant to the terms of that settlement, the Parties stipulate and agree to entry of the permanent injunction below. DATED: Mar
Summary: STIPULATED PERMANENT INJUNCTION RICARDO S. MARTINEZ , Chief District Judge . STIPULATION Plaintiff Amazon.com, Inc. and Defendants First Impression Interactive, Inc., Jeffrey Giles, and Dale Brown (collectively "Parties"), by and through their respective counsel of record, notify the Court that the parties have reached a settlement of all claims in this matter. Pursuant to the terms of that settlement, the Parties stipulate and agree to entry of the permanent injunction below. DATED: Marc..
More
STIPULATED PERMANENT INJUNCTION
RICARDO S. MARTINEZ, Chief District Judge.
STIPULATION
Plaintiff Amazon.com, Inc. and Defendants First Impression Interactive, Inc., Jeffrey Giles, and Dale Brown (collectively "Parties"), by and through their respective counsel of record, notify the Court that the parties have reached a settlement of all claims in this matter. Pursuant to the terms of that settlement, the Parties stipulate and agree to entry of the permanent injunction below.
DATED: March 4, 2020
DAVIS WRIGHT TREMAINE LLP BYRNES KELLER CROMWELL LLP
By s/ James H. Wendell By s/ Jofrey M. McWilliam
Bonnie E. MacNaughton, WSBA #36110 Bradley S. Keller, WSBA #10665
James H. Wendell, WSBA #46489 Jofrey M. McWilliam, WSBA #28441
Sara A. Fairchild, WSBA #54419 1000 Second Avenue, 38th Floor
920 Fifth Avenue, Suite 3300 Seattle, WA 98104
Seattle, WA 98104 Phone: 206-622-2000
Tel: (206) 622-3150 Fax: 206-622-2522
Fax: (206) 757-7700 Email: bkeller@byrneskeller.com
Email: bonniemacnaughton@dwt.com jmcwilliam@byrneskeller.com
jamiewendell@dwt.com
sarafairchild@dwt.com ARONBERG GOLDGEHN DAVIS &
GARMISA
Attorneys for Plaintiff Amazon.com, Inc.
By s/ Nathan H. Lichtenstein
Nathan H. Lichtenstein (admitted pro
hac vice)
330 North Wabash Avenue, Suite 1700
Chicago, IL 60611
Phone: 312-828-9600
Email: nlichtenstein@agdglaw.com
Attorneys for Defendants First Impression
Interactive, Inc., Jeffrey Giles, and Dale
Brown
PERMANENT INJUNCTION
Pursuant to the above stipulation of the parties, IT IS HEREBY ORDERED that Defendants First Impression Interactive, Inc., Jeffrey Giles, and Dale Brown, and their respective directors, shareholders, officers, employees, agents, successors and assigns, and all others in active concert or participation with them, are enjoined and restrained from:
1. Using counterfeit versions of any trademarks registered by Amazon (or its subsidiary, Amazon Technologies, Inc.) as of this injunction's entry date with any advertising, marketing, offer for sale, promotion, display, publication, website, voicemail, email, or software;
2. Using any false designation of origin or false or misleading description or false or misleading representation that can or is likely to lead the trade or public or individuals erroneously to believe that any website, voicemail, email, advertising, or other marketing materials has been produced, distributed, displayed, licensed, sponsored, approved or authorized by or for Amazon, when such is not true in fact;
3. Engaging in any other activity adjudicated to be an infringement or dilution of any trademarks registered by Amazon (or its subsidiary, Amazon Technologies, Inc.), or of the Amazon parties' rights in, or right to use or to exploit, such trademarks or services marks for the pecuniary benefit of Jeffrey Giles, Dale Brown, or First Impression Interactive, Inc.; and
4. Knowingly and materially assisting any other person or business entity in engaging in or performing any of the activities listed above.
Additionally, the Court shall retain continuing jurisdiction over this matter for the limited purposes of enforcing the terms of the Parties' settlement agreement and this Stipulated Permanent Injunction.
