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Throttle Rocker, Inc. v. Eurodezigns

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


July 7, 2009

THROTTLE ROCKER, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
EURODEZIGNS, INC., AN INDIANA CORPORATION, DELORES COOMBS, AN INDIVIDUAL, BARBARA MURCH, AN INDIVIDUAL, PAUL A. BRADEN, JR., AN INDIVIDUAL, KIM SQUIRE, AN INDIVIDUAL, JENNIFER CABANAS, AN INDIVIDUAL, RAYMOND E. MEEHAN, AN INDIVIDUAL, ERIC CAMACHO, AN INDIVIDUAL, DOUG WELDON, AN INDIVIDUAL, THERESA WELDON, AN INDIVIDUAL, CHRIS NAZARIO, AN INDIVIDUAL, AND KELLY CATHCART, AN INDIVIDUAL DEFENDANTS

The opinion of the court was delivered by: Otis D. Wright United States District Court Judge

CONSENT JUDGMENT AND PERMANENT INJUNCTION

In accordance with the Stipulation entered by and between the parties signed on or about June 27, 2009 in connection with this action,

IT IS HEREBY ADJUDGED, DECREED AND ORDERED that:

1. This Court has jurisdiction over the subject matter, the parties and the parties' Settlement Agreement.

2. Plaintiff THROTTLE ROCKER, INC. (hereinafter Plaintiff) is a California corporation doing business as THROTTLE ROCKER within the County of Santa Cruz, State of California.

3. Defendants EURODEZIGNS, INC., an Indiana corporation, DELORES COOMBS, an individual, BARBARA MURCH, an individual, PAUL A. BRADEN, JR., an individual, KIM SQUIRE, an individual, JENNIFER CABANAS, an individual, RAYMOND E. MEEHAN, an individual, ERIC CAMACHO, an individual, DOUG WELDON, an individual, THERESA WELDON, an individual, CHRIS NAZARIO, an individual, and KELLY CATHCART, an individual, (hereinafter cumulatively referred to as "Defendants") are residents of the State of Indiana and have submitted to the jurisdiction of this Court in connection with the Settlement Agreement and this Consent Judgment and Permanent Injunction.

4. The parties agree that Plaintiff owns all right and title to the THROTTLE ROCKER trademark and the trade dress features depicted in the Contoured Throttle Device (photograph attached as Exhibit A) and that all such rights are valid and enforceable.

5. Defendants their officers, directors, agents, attorneys, employees, representatives, affiliates and all persons acting by, through or in concert with them are permanently enjoined from any and all marketing selling, advertising, rendering, or offering for sale any products (i) bearing THROTTLE ROCKER or any mark similar thereto or (ii) similar in appearance to the Contoured Throttle Device

6. Defendants and each of them are jointly and severally obligated to pay Plaintiff Fifteen Thousand Dollars ($15,000): $5,000 on or before July 10, 2009, and $1,000 on the fifteenth day of each of the next consecutive ten months beginning on July 15, 2009.

7. If it becomes necessary for Plaintiff to enforce the permanent injunction or collect any unpaid portions of the monetary payment, this Court will award Plaintiff its attorneys' fees and any costs incurred in connection with enforcing such terms.

20090707

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