Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

SF NEWSPAPER COMPANY v. COUNTY NEWS GROUP

May 21, 2004.

THE SF NEWSPAPER COMPANY LLC, a California Limited Liability Company Plaintiff,
v.
COUNTY NEWS GROUP, INC., a California corporation, CONTRA COSTA EXAMINER, INC., a California corporation, and JOHN FOLEY, an individual, Defendants



The opinion of the court was delivered by: CHARLES BREYER, District Judge

STIPULATED FINAL JUDGMENT

Plaintiff, THE SF NEWSPAPER COMPANY LLC ("SF Newspaper"), and defendants COUNTY NEWS GROUP, INC., CONTRA COSTA EXAMINER, INC. and JOHN FOLEY (collectively, "defendants"), hereby stipulate through their respective counsel as follows:
RECITALS
  WHEREAS, SF Newspaper publishes and distributes a newspaper known to the public by the names "San Francisco. Examiner" and "The Examiner" (hereinafter the "Examiner Newspaper");

  WHEREAS, SF Newspaper is the owner of a federal trademark registration in the name "San Francisco. Examiner" and common law trademark rights in the names "San Francisco. Examiner" and "The Examiner";

  WHEREAS, defendant John Foley is an individual residing in Sonoma County, California;

  WHEREAS, defendants County News Group, Inc. and Contra Costa Examiner, Inc., are California corporations with their principal place of business in Martinez, California;

  WHEREAS, on April 29, 2004, defendants commenced publication and distribution in Contra Costa County of a tabloid newspaper under the name "Contra Costa Examiner," with defendant Foley acting as the editor and publisher of the paper;

  WHEREAS, on April 30, 2004 SF Newspaper commenced this action against defendants, asserting various federal and state law claims, including claims for false designation of origin, trademark dilution, trademark infringement, false advertising and unfair competition;

  WHEREAS, defendants have been served with the summons and complaint;

  WHEREAS, on April 30, 2004, SF Newspaper filed a motion for a temporary restraining order, seeking an injunction barring defendants from publishing, circulating or distributing any weekly, daily or other newspaper bearing the name "Contra Costa Examiner" in any of the nine Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma);

  WHEREAS, on May 3, 2004, defendants filed papers in opposition to SF Newspaper's motion for a temporary restraining order;

  WHEREAS, the Court heard argument on SF Newspaper's motion for a temporary restraining order on May 4, 2004;

  WHEREAS, on May 4, 2004, the Court granted SF Newspaper's motion for a temporary restraining order, finding that defendants' publication of a newspaper under the name "Contra Costa Examiner" will create a likelihood of confusion among the relevant public, and hence irreparable harm, and that SF Newspaper was therefore likely to succeed on the merits of its claims;

  WHEREAS, the parties desire to resolve this litigation pursuant to the terms of this Stipulated Final Judgment, as set forth below.

  NOW, THEREFORE, based upon the stipulation of the parties, and for good cause shown, it is hereby ORDERED, ADJUDGED and DECREED that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.