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ADT Services AG v. Moore Protection

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 16, 2010

ADT SERVICES AG, AND ADT SECURITY SERVICES, INC., PLAINTIFFS,
v.
MOORE PROTECTION, DEFENDANT.

The opinion of the court was delivered by: Hon. Otis D. Wright, II, U.S.D.J

ORDER GRANTING STIPULATED PERMANENT INJUNCTION AND DISMISSING ACTION WITHOUT PREJUDICE

JURY TRIAL DEMANDED

AND NOW, this 16TH day of September, 2010, pursuant to the Settlement Agreement entered into by and between Plaintiffs, ADT Services AG and ADT Security Services, Inc. ("ADT Security") (together, "ADT") and Defendant Moore Protection and upon consideration of the Parties' consent to the entry of this Stipulated Permanent Injunction, IT IS HEREBY ORDERED THAT a Stipulated Permanent Injunction shall issue on the following terms:

1) Moore Protection and any affiliates, operating divisions, parent corporations, subsidiaries, directors, officers, agents, employees, representatives, and all persons acting on their behalf, are permanently enjoined from:

a) using Plaintiffs' Blue Octagon Mark and all confusingly similar marks on any materials in commerce, including without limitation, all existing stickers, signs, yard signs, brochures, print materials in customers' homes, marketing materials, in businesses and all other distribution channels;

b) using the sign that Moore Protection is currently using that is attached as Exhibit "A" to this ORDER;

c) making any representations that suggest or imply an association, sponsorship, connection, or relationship with Plaintiffs; and

d) using any and all of the ADT Registered Trademarks or any and all confusingly similar marks on its website or other marketing or advertising materials.

2) This action shall be dismissed without prejudice upon entry of this Order, but the Court will retain jurisdiction to enforce the terms of this Order and the Settlement Agreement.

IT IS SO ORDERED.

Hon. Otis D. Wright, II, U.S.D.J.

20100916

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