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CREATIVE LABS, INC. v. MAD DOG MULTIMEDIA

United States District Court, Northern District of California


August 25, 2003

CREATIVE LABS, INC., A CALIFORNIA CORPORATION, AND CREATIVE TECHNOLOGY LTD., A SINGAPORE CORPORATION, PLAINTIFFS,
v.
MAD DOG MULTIMEDIA, INC., A CALIFORNIA CORPORATION, DEFENDANT; AND RELATED COUNTERCLAIMS

The opinion of the court was delivered by: Susan Illston, District Judge

STIPULATION FOR ENTRY OF JUDGMENT AND INJUNCTION

This Stipulation by and between plaintiffs and counterdefendants Creative Labs, Inc. and Creative Technology Ltd. (together, "Creative") and defendant and counterclaimant Mad Dog

Multimedia, Inc. ("Mad Dog"), is based upon the following facts:

1. Creative filed this action against Mad Dog on or about September 20, 2002, asserting claims against Mad Dog for trademark infringement; false designation of origin; unfair competition; dilution; false and misleading statements; and declaratory relief.

2. Mad Dog disputed and denied that it had engaged in improper conduct or that Creative was entitled to an award of damages in any amount or to entry of an injunction against Mad Dog.

3. Mad Dog filed counterclaims and amended counterclaims against Creative for antitrust violations, intentional interference with economic advantage, and unfair competition.

4. Creative disputed and denied that it had engaged in improper conduct or that Mad Dog was entitled to an award of damages in any amount or to entry of an injunction against Creative.

5. The parties wish to resolve this dispute and therefore have executed a Confidential Settlement Agreement and Release of Claims dated August 1, 2003 ("Settlement Agreement") which finally resolves and settles this action and/or all other claims and disputes between them. The Settlement Agreement provides for entry of judgment against Mad Dog, including a permanent injunction.

The parties whose counsel sign this Stipulation agree and represent to the Court that:

1. The Court has jurisdiction over the subject matter and each party to this action, not only for purposes of rendering the stipulated judgment, but for enforcing it in any manner permitted by law.

2. The parties have been fully counseled on and understand the consequences of this Stipulation.

3. The attorneys who sign this Stipulation on behalf of the parties are fully authorized to make this Stipulation on behalf of their respective principals.

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Creative and Mad Dog that the Court shall enter the Judgment and Permanent Injunction in substantially the form of the Proposed Judgment and Permanent Injunction attached hereto as Exhibit 1. [ Page 1]

JUDGMENT AND PERMANENT INJUNCTION

This matter having come before the Court on the application of the parties for the entry of judgment in the above-entitled case, and it appearing that the parties have reached an agreement to settle this matter, that the parties have consented to the entry of judgment herein, and that there is good cause for its entry, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. This Court has jurisdiction over these actions and over the parties hereto.

2. Plaintiffs, Creative Labs, Inc. and Creative Technology Ltd. (together "Creative") have filed a complaint against defendant Mad Dog Multimedia, Inc. ("Mad Dog") for trademark infringement under federal law, false designation of origin in violation of federal law, trademark

dilution, and unfair competition and false advertising under California statutory law. In particular, Creative has asserted that Mad Dog has infringed Creative's SOUND BLASTER and BLASTER trademarks and the trade dress Creative has used since at least as early as 1991 and is currently using in connection with Creative's sound card products (hereafter, the "Sound Banner"), consisting of the following:

a. An upright rectangular block appearing on the left side of the front of the sound card package; and

b. The word "sound" appearing within the rectangular block.

3. Mad Dog acknowledges and agrees that Creative's trademark rights in the Sound Banner are existing and enforceable.

4. Subject to the terms of the Confidential Settlement Agreement and Release of all Claims between the parties, Mad Dog, its agents, servants, employees, officers, directors, attorneys, successors, assigns, and all persons controlled by them or acting for them are permanently enjoined not to use the Sound Banner or trade dress confusingly similar to the Sound Banner in the United States in connection with sound card products and not to use the words BLASTER or BLAST as a trademark in connection with any of Mad Dog's Products.

5. All the parties' respective claims and counterclaims are dismissed with prejudice.

6. Each party will bear its own costs, expenses and attorneys' fees.

7. This Court retains jurisdiction of the matter for the purposes of the continued enforcement of the terms of this Judgment and Permanent Injunction and of the Confidential Settlement Agreement and Release of Claims between the parties, and the resolution of any dispute, which might arise with respect thereto. However, with respect to the issues as pleaded in these actions, this Judgment is intended to be a final resolution thereof.

SO STIPULATED AND APPROVED.

IT IS SO ORDERED.

PROOF OF SERVICE (FRCP 5)
I am a citizen of the United States and a resident of the State of California. I am employed in Santa Clara County, State of California, in the office of a member of the bar of this Court, at whose direction the service was made. I am over the age of eighteen years, and not a party to the within action. My business address is Cooley Godward LLP, Five Palo Alto Square, 3000 El Camino Real, Palo Alto, California 94306-2155. On the date set forth below I served the documents described below in the manner described below:

Stipulation for Entry of Judgment and Injunction

? (BY U.S. MAIL) I am personally and readily familiar with the business practice of Cooley Godward LLP for collection and processing of correspondence for mailing with the United States Postal Service, and I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States Postal Service at Palo Alto, California.
? (BY MESSENGER SERVICE) by consigning the document(s) to an authorized courier and/or process server for hand delivery on this date.
? (BY FACSIMILE) I am personally and readily familiar with the business practice of Cooley Godward LLP for collection and processing of document(s) to be transmitted by facsimile and I caused such document(s) on this date to be transmitted by facsimile to the offices of addressee(s) at the numbers listed below. [ Page 1]
20030825

© 1992-2003 VersusLaw Inc.



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