United States District Court, N.D. California
December 23, 2005.
Central Garden & Pet Company, a Delaware corporation, Plaintiff,
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.
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