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Quiksilver, Inc. v. Wal-Mart Stores

June 4, 2009

QUIKSILVER, INC., PLAINTIFF,
v.
WAL-MART STORES, INC., ET AL., DEFENDANT.



The opinion of the court was delivered by: Hon. Dale S. Fischer United States District Judge

ORDER RE CONSENT JUDGMENT INCLUDING A PERMANENT INJUNCTION; VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANT KORY MERCANTILE CO.

Plaintiff Quiksilver, Inc. ("Plaintiff" or "Quiksilver") and Defendant Kory Mercantile Co. ("Defendant") have entered into a Settlement Agreement and Mutual Release as to the claims in the above referenced matter. Defendant, having agreed to consent to the below terms, it is hereby:

ORDERED, ADJUDGED, and DECREED as among the parties hereto that:

1. This Court has jurisdiction over the parties to this Final Judgment and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121.

2. Quiksilver is the owner of the world-famous word/mark "Quiksilver." On April 11, 1967, the Quiksilver mark was registered on the Principal Register of the United States Patent & Trademark Office as Registration No. 827212, for "Men's clothing namely, suits, jackets, topcoats, trousers, and sport coats." Subsequent thereto, Quiksilver has registered the Quiksilver mark and a variety of other marks, including the Mountain and Wave design logo, on merchandise ranging from luggage, watches and jewelry, sunglasses, swimwear, and all other varieties of men's and women's clothing and footwear (collectively "Quiksilver Marks").

3. In addition to the trademark registrations, the "Quiksilver Mountain and Wave" logo (below) is a copyrighted design with U.S. Copyright Registration Nos. VA 1088115 and VA 1088246.

4. In or around July 1997, Quiksilver registered the ROXY Heart Device which is made up of two mirror Quiksilver Mountain and Wave logos. The word/mark "Roxy" and the Roxy Rounded Heart Device were registered thereafter. Quiksilver's Roxy Marks include, but are not limited to the following marks:

Mark Reg. No. Reg. Date

1/18/05 2/13/01 2/23/99 3/2/99 6/22/99 12/7/99 8/8/00 7/31/01 5/13/03 1/27/04 6/8/04 6/29/04 2919733 2427898 2225688 2228883 2255435 2297591 2375481 2474406 2714839 2809462 2,851,891 2858806

ROXY

Mark Reg. No. Reg. Date

2,988,186 2,992,120 3298684 8/23/05 9/6/05 9/25/07

7/26/05 11/30/04 7/22/97 1/26/99 9/16/03 6/15/04 11/9/04 6/7/05 1/24/06 2/13/07 2978299 2907184 2081099 2220442 2765669 ...


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