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CENTRAL GARDEN & PET CO. v. SIN WIN USA

United States District Court, N.D. California


December 23, 2005.

Central Garden & Pet Company, a Delaware corporation, Plaintiff,
v.
Sin Win USA, Inc., a California corporation, d/b/a Island Pets Defendant.

The opinion of the court was delivered by: MARIA-ELENA JAMES, Magistrate Judge

ORDER RE: STIPULATED DISMISSAL; ORDER CLOSING FILE

Plaintiff Central Garden & Pet Company (Central Garden) filed the above-captioned lawsuit against SinWin USA, Inc., d/b/a Island Pets (SinWin), in which Central Garden alleges trademark infringement, unfair competition, and dilution under federal and California law against SinWin in connection with its distribution, marketing and sales of pet supply products under marks containing the term ISLAND, including ISLAND PETS, ISLAND AQUATICS, ISLAND DOG, ISLAND CAT, ISLAND BIRD, and ISLAND FUR BALLS ("ISLAND MARKS"), which action is presently pending before the U.S. District Court, Northern District of California. SinWin has not yet filed an answer to the complaint.

  Plaintiff Central Garden and Defendant SinWin have settled their differences with respect to the matters in dispute. On the consent of the parties and their attorneys, and good cause having been shown: IT IS HEREBY ORDERED, ADJUDICATED AND DECREED:

That all claims are dismissed without prejudice.
IT IS SO ORDERED.
20051223

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