The opinion of the court was delivered by: Honorable R. Gary Klausner
STIPULATION AND [PROPOSED]
STIPULATED CONSENT JUDGMENT
Plaintiff Trademark Holdings of Illinois LLC ("THI") and Defendant WNHL, Inc. d/b/a Kings Two Dental Supply ("WNHL") hereby stipulate that they have entered into an agreement for purposes of amicably resolving their dispute and thereby move this Court pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, for entry of a consent judgment.
The parties hereby stipulate to the following terms of judgment:
1. THI commenced this action for illegal importation, distribution, and dealings in large, commercial quantities of goods bearing registered U.S. trademarks that were imported in violation of the Tariff Act, 19 U.S.C. § 1526. WNHL has been served with and answered the Amended Complaint filed by THI in this action.
2. This Court has jurisdiction over the parties to this action and over the subject matter of the Complaint.
3. THI is the sole owner of all rights in the United States in the trademarks EXAFLEX, MIRACLE MIX, GC & Design (including 3 separate registrations), GC FUJI LINING, GC FUJI PLUS, GC FUJI II, GC FUJI II LC, GC FUJI I, GC FUJICEM, GC FUJI ORTHO, EXAFAST, and EXAMIX, including, respectively, U.S. Trademark Registration Nos. 1,163,378, 1,347,178, 1,745,053, 1,746,369, 1,780,280, 1,995,800, 2,186,360, 2,397,606, 2,412,207, 2,438,151, 2,506,680, 2,652,064, 3,106,773 and 3,109,281 (collectively, the "Registered Marks").
4. WNHL admits and acknowledges that the Registered Marks are valid and enforceable by THI.
5. WNHL has purchased goods either directly or indirectly from overseas distributors and resellers. These goods bear several of the Registered Marks (the "Unauthorized Goods").
6. WNHL was dealing, including selling, distributing, marketing, and advertising in these Unauthorized Goods.
7. Defendant WNHL, its officers, directors, affiliates, subsidiaries, assigns, and successors-in-interest are hereby permanently enjoined from purchasing, dealing, selling, distributing, marketing, or advertising in these Unauthorized Goods.
8. In the event it is established in any subsequent litigation that any of the Registered Marks are not valid or are unenforceable, the permanent injunction referred to in paragraph 7 is made void, but only as it pertains to any specific Registered Mark that is found not valid or unenforceable.
9. THI shall provide WNHL with a list of entities that are authorized to deal, sell, distribute, market, and advertise goods bearing the Registered Marks ("Authorized Dealers"). WNHL acknowledges that while goods bearing the Registered Marks may be legally purchased from Authorized Dealers, these goods are subject to limitations and restrictions on their sale, resale, and ...