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Adidas America, Inc. and Adidas Ag v. Conrad Asher Licensing Group

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 20, 2011

ADIDAS AMERICA, INC. AND ADIDAS AG, PLAINTIFFS,
v.
CONRAD ASHER LICENSING GROUP, INC. DEFENDANT.

The opinion of the court was delivered by: The Honorable George H. King United States District Court Judge

E-FILED 04-20-11

JS-6

[PROPOSED] PERMANENT INJUNCTION ON CONSENT

Stipulation for Permanent Injunction Filed Concurrently Herewith

NOTE: CHANGES MADE BY THE COURT

This Court, having considered the Complaint and the entire record in this Action, and Defendant Conrad Asher Licensing Group, Inc. ("Conrad Asher") having consented to the terms of the permanent injunction set forth below, finds as follows based on the parties' stipulation, and as to these parties:

1. Plaintiffs adidas America, Inc. and adidas AG (collectively "adidas") own and extensively use in commerce 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, 3,236,505 (the "Three-Stripe Registrations"). adidas uses the Three-Stripe Mark in connection with apparel and footwear, among other goods.

2. On October 21, 2010, adidas filed a Complaint in the instant action claiming, inter alia, that Conrad Asher has imported, marketed, distributed, offered for sale, and sold apparel bearing two, three, or four stripes (the "Disputed Products") that infringe adidas's rights in and dilute the distinctive quality of adidas's Three-Stripe Mark. Examples of the Disputed Products are attached as Exhibit A.

3. Conrad Asher filed an Answer on January 6, 2011, denying adidas's allegations.

4. The Court has jurisdiction over the subject matter of this action and over Conrad Asher, and venue in this action is proper in this judicial district.

IT IS HEREBY ORDERED that:

1. Conrad Asher and all of its directors, officers, stockholders, successors, and assigns, and all other persons acting for, with, by, through, or under authority from Conrad Asher, and each of them, be PERMANENTLY ENJOINED and RESTRAINED, from:

a. using the Three-Stripe Mark or any other copy, reproduction, colorable imitation or simulation of adidas's Three-Stripe Mark on or in connection with apparel or any of Conrad Asher's goods or services;

b. using any trademark, name, logo, design, or source designation of any kind on or in connection with Conrad Asher's goods or services that is a copy, reproduction, colorable imitation, or simulation of, or confusingly similar to, adidas's trademarks, trade dresses, service marks, names or logos;

c. using any trademark, name, logo, design or source designation of any kind on or in connection with apparel or any of Conrad Asher's goods or services that is likely to cause confusion, mistake, deception, or public misunderstanding that such goods or services are produced or sold by adidas, or are sponsored or authorized by adidas, or are in any way connected or related to adidas;

d. using any trademark, name, logo, design or source designation of any kind on or in connection with apparel or any of Conrad Asher's goods or services that dilutes or is likely to dilute the distinctiveness of adidas's trademarks, trade dresses, names, or logos;

e. passing off, palming off, or assisting in passing off or palming off Conrad Asher's goods or services as those of adidas, or otherwise continuing any and all acts of unfair competition as alleged in the Complaint in this action; and

f. advertising, promoting, offering for sale, or selling the Disputed Products.

2. This Court shall have continuing jurisdiction to enforce the provisions of this Permanent Injunction.

3. The claims asserted in adidas's Complaint are hereby dismissed with prejudice, with each party bearing its own costs, including attorneys' fees.

20110420

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