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