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adidas America, Inc. v. Happy New Star

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


June 8, 2010

ADIDAS AMERICA, INC., AND ADIDAS AG, PLAINTIFFS,
v.
HAPPY NEW STAR, INC., J&C (USA) GROUP, INC., KAREN & DAVID (USA) INC., MAXWELL INT'L GROUP, MULTIWEAR CORP., PAL MAL INT'L INC., INDIVIDUALLY AND D/B/A BOZZ AND AIR-MAX TRADING INC., MEI AO HANG SHOES INC., AND JIE MING YE, INDIVIDUALLY AND D/B/A AS MEI AO HANG SHOES INC., DEFENDANTS.

The opinion of the court was delivered by: The Honorable Christina A. Snyder United States District Judge

PERMANENT INJUNCTION ON CONSENT (REGARDING MULTIWEAR CORP.)

This Court, having considered the Complaint on file in this action, and Multiwear Corp. ("Multiwear"), a California corporation, having consented to the terms of the permanent injunction set forth below, this Court hereby finds as follows:

1. Plaintiffs adidas AG and adidas America, Inc. (collectively, "adidas") own and extensively use the Three-Stripe trademark (the "Three-Stripe Mark"), which is covered by valid U.S. Trademark Registration Nos. 870,136, 961,353, 1,815,956, 1,833,868, 2,016,963, 2,058,619, 2,278,589, 2,278,591, 2,284,308, 2,909,861, 2,999,646, 3,029,127, 3,029,129, 3,029,135, 3,063,742, 3,063,745, 3,087,329, 3,183,656, 3,183,663, and 3,236,505 (the "Three-Stripe Registrations"). Copies of the Three-Stripe Registrations are attached hereto collectively as Exhibit A.

2. On December 9, 2009, adidas filed a complaint in the instant action claiming, inter alia, that Multiwear advertised, distributed, offered for sale and sold footwear bearing two parallel stripes in a manner that infringes adidas's rights in and dilutes the distinctive quality of adidas's Three-Stripe Mark (the "Disputed Footwear"). A photograph of a representative example of the Disputed Footwear is attached hereto as Exhibit B.

3. This Court has jurisdiction over the subject matter of this action and over Multiwear and venue in this action is proper in this judicial district.

IT IS HEREBY ORDERED that:

1. Multiwear and all its agents, officers, employees, representatives, successors, assigns, attorneys, and all other persons acting for, with, by, through, or under authority from Multiwear, or in concert or participation with Multiwear, and each of them, be PERMANENTLY ENJOINED and RESTRAINED, from:

a. manufacturing, selling, offering for sale, advertising, promoting, distributing or displaying the Disputed Footwear; and

b. manufacturing, selling, offering for sale, advertising, promoting, distributing or displaying any other footwear bearing the Three-Stripe Mark or any other confusingly similar imitation of adidas's Three-Stripe Mark, including without limitation any footwear with one additional stripe (i.e., four stripes) or less one of the three stripes (i.e., two stripes);

c. The Court shall have continuing jurisdiction to enforce the provisions of the permanent injunction entered herein.

IT IS SO ORDERED, this 8th day of June, 2010.

CONSENTED TO BY: _______________________________ Cameron A. Hopkins, Esq. 865 S. Figueroa Street, Suite 1388 Los Angeles, California 90017 Attorney for MULTIWEAR CORP. Date:_____________________________

AND BY: _______________________________

R. Charles Henn Jr. Kilpatrick Stockton LLP 1100 Peachtree Street, N.E., Suite 2800 Atlanta, Georgia 30309 Attorney for ADIDAS AG & ADIDAS AMERICA, INC. Date:____________________________

20100608

© 1992-2010 VersusLaw Inc.



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