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Liang v. Nguyen

September 28, 2009

SAM LIANG, AN INDIVIDUAL PLAINTIFF,
v.
TRONG VAN NGUYEN, QUE LAN TRUON NGUYEN, AND HUNG VAN NGUYEN, INDIVIDUALS, AND D&D GOLD PRODUCT CORPORATION, A CALIFORNIA CORPORATION DEFENDANTS.



The opinion of the court was delivered by: Philip S. Gutierrez United States District Judge

CONSENT JUDGMENT AND PERMANENT INJUNCTION

Plaintiff Sam Liang and Defendants Trong Van Nguyen, Que Lan Truon Nguyen, Hung Van Nguyen and D&D Gold Product Corporation (collectively "D&D Gold"), through their respective counsel of record, hereby stipulate and consent to entry of final judgment as follows:

WHEREAS, Sam Liang filed this lawsuit against D&D Gold on December 12, 2008 asserting trademark infringement, breach of contract, false designation of origin, unfair competition, and fraudulent trademark registration.

WHEREAS, D&D Gold filed an Answer on January 16, 2009 asserting defenses of non-infringement, abandonment, unclean hands, laches, estoppel, waiver, and statute of limitations.

WHEREAS, the parties have settled all of their disputes in this Action and have agreed to entry of a Final Consent Judgment and Permanent Injunction as set forth herein;

IT IS HEREBY ORDERED, ADJUDICATED, AND DECREED THAT:

1. This Court has subject matter jurisdiction over this action as well as personal jurisdiction over D&D Gold.

2. Venue is proper in this judicial district.

3. In April 2004, Liang and D&D Gold entered into a valid and enforceable Settlement Agreement (the "2004 Agreement") in which both parties agreed not to use any trademark incorporating "D&D GOLD" and in which D&D Gold assigned to Liang all rights and interest in the three bells design/pattern.

4. The Three Bells Trademark shown below (the "Three Bells Trademark") is a valid and enforceable trademark, and Liang is the owner of the Three Bells Trademark and all goodwill associated with the trademark.

5. D&D Gold has infringed the Three Bells Trademark and breached the 2004 Agreement by selling products bearing the trademark "D&D GOLD" and the Three Bells Trademark.

6. D&D Gold breached the 2004 Agreement by filing applications that led to the following trademark registrations:

* U.S. Registration No. 3,112,736 for the following trademark:

* U.S. Registration No. 2,997,453 for the trademark "3 ...


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