FINAL JUDGMENT UPON CONSENT; PERMANENT INJUNCTION; AND ORDER THEREON RE BOB-BENNETT, INC.
COMPLAINT FILED: 12/18/07
Plaintiff, GIANNI VERSACE, S.p.A., a Foreign Corporation ("VERSACE") and Defendant BOB-BENNETT, INC. ,a California Corporation, hereby stipulate and consent to the following Consent Judgment:
WHEREAS, the parties have agreed to the entry of the following findings of fact and conclusions of law finally disposing of Counts I, II and III of the Complaint asserted by VERSACE, it is hereby ordered, adjudged and decreed that:
WHEREAS, BOB-BENNETT, INC., a California Corporation, adopted and began using trademarks in the United States which infringe or otherwise violate VERSACE's registered trademark(s) MEDUSA (the "VERSACE Trademarks") as identified in VERSACE's Complaint;
WHEREAS, BOB-BENNETT, INC.'s, use of marks which incorporate one or more of the VERSACE Trademarks, is likely to cause confusion as to source or origin;
WHEREAS, BOB-BENNETT, INC., sold and/or offered for sale merchandise bearing marks which incorporate one or more of the VERSACE Trademarks;
WHEREAS, BOB-BENNETT, INC.'s use of marks which incorporate one or more of the VERSACE Trademarks, traded on the good will and reputation of VERSACE;
WHEREAS, based upon VERSACE's good faith prior use of the VERSACE Trademarks, VERSACE has superior and exclusive rights in and to the VERSACE Trademarks in the United States and any confusingly similar names or marks;
WHEREAS, VERSACE Trademarks registered, at issue in this matter, and on file with the United States Patent and Trademark Office are famous and distinctive; and
WHEREAS, this Court has jurisdiction over the party to this action and over the subject matter hereof pursuant to 15 USC 1121(a) and 28 USC 1331, 1338(a) and (b), and 28 USC 1367, IT IS ORDERED, ADJUDGED AND DECREED as follows:
1. Defendant BOB-BENNETT, INC., violated the Federal Lanham Act as alleged in Count I TRADEMARK INFRINGEMENT AND COUNTERFEITING (15USC § 1114(1)).
2. Defendant BOB-BENNETT, INC., its parents, subsidiaries, related entities, divisions, officers, owners, shareholders, employees, affiliates, servants, representatives, agents, predecessors, assigns and successors in interest of any kind, and all persons, firms, entities, or corporations under its direction and control or in active concert or participation with it, are immediately and permanently enjoined throughout the world from directly or indirectly infringing, counterfeiting, or diluting the VERSACE Trademarks or any marks similar thereto, as identified in Exhibit A of the Complaint and on Registry with the United States Patent & Trademark Office www.uspto.gov, in any manner, including ...