UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
December 29, 2010
GAKM RESOURCES LLC AND GOLDTOEMORETZ, LLC, PLAINTIFFS,
GARMENT GROUP, INC., DEFENDANT.
The opinion of the court was delivered by: Ronald S.W. Lew
PERMANENT INJUNCTION ORDER ON CONSENT
WHEREAS Plaintiffs GAKM Resources LLC (hereafter "GAKM") and GoldToeMoretz, LLC (hereafter "GoldToeMoretz") have filed this action against Defendant Garment Group, Inc. ("GGI"), for violation of the Lanham Act, 15 U.S.C. §§ 1051 et seq., and California Bus. & Prof. Code § 17200 et seq., and common law unfair competition;
WHEREAS Defendant GGI, having entered into a settlement agreement with Plaintiffs and having stipulated, without any admission of liability, to entry of a permanent injunction; and
WHEREAS, the parties, having indicated below their consent to the form and entry of this Permanent Injunction Order on Consent;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. That Defendant GGI, its officers, agents, servants, employees and attorneys, and those in active concert or participation with it, who receive actual notice hereof, be and hereby are permanently ENJOINED from:
a. Infringing, in any manner, Plaintiffs' registered trademarks, including but not limited to: the Gold Toe Design Mark (the subject of U.S. Trademark Registration No. 308,608); and the Gold Ring Design Mark (the subject of U.S. Trademark Registration No. 3,119,227) (collectively the "GOLDTOE Marks");
b. Imitating, copying, or making unauthorized use of the GOLDTOE Marks;
c. Manufacturing, producing, distributing, circulating, selling, offering for sale, advertising, promoting, or displaying any product bearing any simulation, reproduction, counterfeit, copy, or colorable imitation of the GOLDTOE Marks;
d. Using any simulation, reproduction, counterfeit, copy or colorable imitation of the GOLDTOE Marks in connection with the promotion, advertisement, sale, offering for sale, manufacture, production, circulation, or distribution of any product, in any way, that would tend to imply or from which one could infer any relationship, connection, or association between GGI and Plaintiffs or GGI and the GOLDTOE Marks;
e. Using the GOLDTOE Marks in connection with any products not manufactured by Plaintiffs or their authorized agents or licensees;
f. Engaging in any other activity that constitutes an infringement of either of the GOLDTOE Marks or Plaintiffs' rights therein or their ability to use or exploit those marks;
g. Representing themselves, in any way, as authorized, by license, sponsorship or otherwise, to use the GOLDTOE Marks;
h. Assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in subparagraphs (a) through (g) above.
DATED: December 28, 2010 CASONDRA K. RUGA LARRY C. JONES ALSTON & BIRD LLP
Casondra K. Ruga Attorneys for Plaintiffs GAKM RESOURCES LLC and GOLDTOEMORETZ, LLC
DATED: December 28, 2010 JEFFREY I. ABRAMS WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
Jeffrey I. Abrams Attorneys for Defendant GARMENT GROUP, INC.
IT IS SO ORDERED:
Hon. Ronald S. W. Lew U.S. District Judge
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