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99ó Only Stores v. 99 Mart

May 1, 2009

99Ó ONLY STORES, A CALIFORNIA CORPORATION, PLAINTIFF,
v.
99 MART, A CALIFORNIA COMPANY, VARINDERJIT KAUR, AN INDIVIDUAL, RAMANDEEP KAUR, AN INDIVIDUAL, SARVJIT SANDHU, AN INDIVIDUAL, 99 CENT MART, A CALIFORNIA COMPANY, RAJWANT CHAHAL, AN INDIVIDUAL, AND DOES 1-20, INCLUSIVE DEFENDANTS.



The opinion of the court was delivered by: Honorable Stephen G. Larson

FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION

Plaintiff 99ó ONLY STORES ("Plaintiff" or "99ó") filed the complaint in this action charging 99 CENT MART, a California company, RAJWANT CHAHAL, an Individual, and DOES 1-20, INCLUSIVE (collectively referred to as "Defendants") with false designation of origin, federal trademark infringement, trademark dilution, unfair competition, and related causes of action. The parties have agreed to a settlement of the matters in issue before them and to the entry of this Consent Judgment and Permanent Injunction, it is hereby ORDERED, ADJUDGED and DECREED that:

1. This Court has jurisdiction over the parties and over the causes of action asserted in this action. Venue is proper in this judicial district.

2. The following federal trademarks owned by 99ó Only Stores are valid and enforceable (hereinafter "99ó Only Stores marks"):

Registration No. 1,395,427 for the mark "ONLY 99ó ONLY"

Registration No. 1,455,937 for the mark "99ó ONLY STORES"

Registration No. 1,712,553 for the mark "DRIVER CARRIES 99ó ONLY"

Registration No. 1,724,475 for the mark "OPEN 9 DAYS A WEEK 9 AM -- 9 PM"

Registration No. 1,730,121 for the mark "ONLY 99ó ONLY"

Registration No. 1,741,928 for the mark "99ó ONLY STORES & Design"

Registration No. 1,747,549 for the mark "99ó ONLY"

Registration No. 1,947,809 for the mark "99ó ONLY STORES"

Registration No. 1,959,640 for the mark "99ó"

Registration No. 2,401,900 for the mark "99รณ ONLY ...


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