United States District Court, N.D. California
April 30, 2004.
CSL, L.L.C., a Florida limited liability company, Plaintiff, V. IMPERIAL BUILDING PRODUCTS, INC., a company organized under the laws of Canada, and IMPERIAL BRUSH CO., LTD., a company organized under the laws of Canada, Defendants
The opinion of the court was delivered by: CHARLES BREYER, District Judge
FINAL JUDGMENT AND
IT IS HEREBY ORDERED, ADJUDGED, and DECREED as follows:
Judgment is hereby entered in favor of Plaintiff CSL, L.L.C. and
against Defendants Imperial Building Products, Inc. and Imperial Brush
Co., Ltd. on the terms set forth below:
1. Defendants and their officers, agents, servants, employees,
attorneys and those persons in active concert or participation with them
or on their behalf who receive actual notice of this Final Judgment and
Injunction by personal service or otherwise, excluding retailers of the
products that are the subject of this injunction, the retailers' agents,
and wholesalers and distributors of the products, provided the
aforementioned are not acting in active concert or participation with or
on behalf of defendants, are hereby restrained and enjoined in the United
States for a period of five years from the date of entry of this Final
Judgment and Injunction from representing that the artificial log product that is the subject of this action and was sold by the Defendants
in the United States prior to the entry of this Final Judgment and
Injunction (the "Current Fire Log Product") or falsely representing that
any artificial log product offered in the future in the United States
(the "Future Fire Log Product"):
(a) helps eliminate dangerous creosote in a chimney;
(b) helps prevent chimney fires;
(c) contains powdered combustion catalysts;
(d) aids in the loosening and breaking away of
hard, scaly or glazed creosote deposits;
(e) lowers the combustion point of the creosote
and soot deposits in a chimney flue by up to
(f) is a chimney cleaning log.
2. Further, Defendants are enjoined from using the mark "SUPERSWEEP" on
the Current Fire Log Product and on a Future Fire Log Product, unless
such Future Fire Log Product has the demonstrated capability to remove or
reduce creosote in chimneys and/or aid in the loosening and breaking away
of creosote deposits.
3. This Final Judgment and Injunction shall have no effect on
Plaintiff's claims for trademark and trade dress infringement, which
claims having been previously dismissed without prejudice by this Court.
4. This Final Judgment and Injunction shall have no effect on
Defendants' defenses to Plaintiff's claims for trademark and trade dress
infringement, nor shall it have any effect on Defendants' counterclaims,
which claims having been previously dismissed without prejudice by this
5. Except as set forth above, Plaintiff shall not be awarded any
further equitable or legal relief on its claims in this action, including
any recall of the Current Fire Log Product.
6. Each party shall bear its own attorneys' fees and costs in
connection with this action.
7. This Final Judgment and Injunction only has full force and effect in
the United States and its territories. 8. The Court shall retain jurisdiction over this action for the
purposes of enforcing, construing, clarifying, and modifying this Final
Judgment and Injunction, and punishing violations thereof.
9. The Clerk of the Court is directed to give notice of entry of this
Final Judgment and Injunction by Consent to the parties' respective
counsel of record pursuant to Rule 77(d) of the Federal Rules of Civil
IT IS SO ORDERED.
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