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Townsley v. Micro Hydroponics

February 10, 2009

EVAN D. TOWNSLEY, AN INDIVIDUAL, PLAINTIFF,
v.
MICRO HYDROPONICS, INC., A CALIFORNIA CORPORATION; RENTON'S INDOOR GARDEN CENTER, A WASHINGTON STATE PROPRIETORSHIP; SUPPLY NET INTERNATIONAL DBA FUMELOK, AN AUSTRALIAN CORPORATION; KAREN MCDOUGALL, AN INDIVIDUAL; ADAM TRENTON, AN INDIVIDUAL; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Dean D. Pregerson United States District Court Judge

AND RELATED COUNTERCLAIM

PERMANENT INJUNCTION AND CONSENT JUDGMENT AGAINST DEFENDANTS MICRO HYDROPONICS, INC. AND KAREN MCDOUGALL

[Stipulation for Entry of Permanent Injunction and Consent Judgment filed concurrently herewith]

Plaintiff Evan D. Townsley ("Plaintiff") and defendants Micro Hydroponics, Inc. and Karen McDougall (the "Micro Defendants"), consenting to personal jurisdiction, subject matter jurisdiction, and venue in this District Court, and pursuant to the Stipulation for Entry of Permanent Injunction and Consent Judgment ("Stipulation") that Plaintiff and the Micro Defendants have filed in this action, hereby stipulate and consent to the entry of the following Permanent Injunction and Consent Judgment ("Permanent Injunction"):

IT IS HEREBY ORDERED AND ADJUDGED THAT:

1. This Court has jurisdiction over the subject matter of this action and the parties to the Stipulation.

2. Plaintiff is the owner of valid protectable trademarks for PHAT HYDRO and PHAT.

3. There is a likelihood of confusion between Plaintiff's trademarks and the Micro Defendants' use of the term "Phat Filter."

4. The Micro Defendants, and their agents, directors, officers, servants, employees, shareholders, successors and attorneys, and all those persons in active concert or participation with them who receive actual notice of this Permanent Injunction by personal service or otherwise, are hereby permanently enjoined and restrained from:

(a) using the term "Phat Filter" in connection with any indoor gardening or hydroponics goods or services;

(b) using any false designation of origin or any false or misleading description of fact, including use of the term "Phat Filter," that can, or is likely to, lead the consuming public or individual members thereof to believe that any goods or services produced, promoted or provided by the Micro Defendants, or either of them, are in any way associated or connected with Plaintiff, or are licensed, approved or authorized in any way by Plaintiff;

(c) seeking, acquiring, or maintaining any federal or state trademark registration for the term "Phat Filter" or any phrase that included the term "Phat Filter";

(d) seeking, acquiring, or maintaining any corporate or business name registration, or any domain name registration, for the term "Phat Filter" or any phrase that included the term "Phat Filter"; and

(e) assisting any entity, directly or indirectly, in violating the terms of this Permanent Injunction, or forming any new entities which violate ...


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