Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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

Caterpillar Inc. v. K Family Shoes Corp.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 26, 2009

CATERPILLAR INC., PLAINTIFF,
v.
K FAMILY SHOES CORPORATION AND MEILIDA (FU JIAN) SHOES INDUSTRIAL CO., LTD DEFENDANTS.

NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT

ORDER GRANTING PLAINTIFF CATERPILLAR INC.'S APPLICATION FOR DEFAULT JUDGMENT

This matter is before the Court on Plaintiff Caterpillar Inc.'s Application for Default Judgment. Having found good cause for the entry of default judgment against Defendant Meilida (Fu Jian) Shoes Industrial Co., Ltd.,

IT IS HEREBY ORDERED THAT:

A. This Court has personal jurisdiction over Plaintiff and Defendant Meilida (Fu Jian) Shoes Industrial Co., Ltd. ("Defendant").

B. Defendant, its officers, agents, servants, employees, attorneys, and those persons in active concert or participation with Defendant who receive actual notice of this Order by personal service or otherwise, are permanently enjoined:

(1) From using and registering the trademarks GAIERPILLAR, GAIERBILLART, GAI, GAIERPOLLAR, CAI, CAIERPILLAR, CATERPILLAR, CAT, the CATERPILLAR and CAT logo marks, and any other trademarks, names, logos, and identifiers that contain the CATERPILLAR and CAT marks or are confusingly similar to or dilutive of the CATERPILLAR and CAT word and logo marks.

(2) From using and registering the GAI circle logo displayed in Exhibit A ("GAI Circle Logo"), and any other marks and logos that are confusingly similar to or dilutive of the CAT licensed merchandise logo shown in Exhibit B.

(3) From using and registering the yellow and black color combination for footwear, any packaging, tags, and labels displaying the yellow and black color combination, and any other trade dress that is confusingly similar to or dilutive of the Caterpillar trade dress shown in Exhibit C.

(4) From using, copying, distributing, and publishing any copyrighted materials owned by Caterpillar including, but not limited to, any copyrighted written content, images, artwork, or logos used in connection with Caterpillar's footwear and associated packaging and any substantially similar materials.

(5) From promoting, selling, distributing, advertising, purchasing, warehousing, and importing into the United States any products, packaging, tags, and labels bearing any trademarks, names, or trade dress identified above including, but not limited to, the products and associated tags, labels, or packaging displayed in Exhibit D.

(6) From falsely representing or suggesting, by any means whatsoever, directly or indirectly, that Defendant, any product or service offered by Defendant, or any activities undertaken by Defendant, are sponsored or approved by, or are associated, affiliated, or connected with Caterpillar or any of Caterpillar's affiliated companies or licensees in any way.

C. Defendant, its officers, agents, servants, employees, attorneys, and those persons in active concert or participation with Defendant who receive actual notice of this Order by personal service or otherwise, will:

(1) Immediately destroy all products bearing any trademarks, names, or trade dress identified above in its possession, custody, or control, or in the possession, custody, or control of any of its agents or representatives including, but not limited to, the products, tags, labels, and packaging displayed in Exhibit D. If, in the future, Defendant discovers that it owns or controls any other products bearing any trademarks, names, or trade dress identified above, Defendant will immediately disclose to Caterpillar and destroy all such products.

(2) Immediately destroy all advertisements, promotional materials, labels, signs, pictures, letterhead, plaques, and any other materials bearing any trademarks, names, or trade dress identified above in its possession, custody, or control, or in the possession, custody, or control of any of its agents or representatives.

If, in the future, Defendant discovers that it owns or controls any other advertisements, promotional materials, labels, signs, pictures, letterhead, plaques, and any other materials bearing any trademarks, names, or trade dress identified above, Defendant will immediately disclose to Caterpillar and destroy all such materials.

D. Defendant will pay to Caterpillar statutory damages in the amount of $2,000,000 pursuant to 15 U.S.C. § 1117(c).

E. Defendant will pay to Caterpillar attorney's fees in the amount of $43,600 and costs in the amount of $13,426.64 pursuant to 15 U.S.C. § 1117(a).

F. Defendant shall file with this Court and serve on Caterpillar's lawyers, thirty (30) days after the date of entry of this Order, a report in writing and under oath setting forth in detail the manner and form in which it has complied with all of the terms of this Order.

G. This Order will become effective upon service by hand on Defendant.

H. This Court will retain jurisdiction over the enforcement of this default judgment.

20090126

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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