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George & Company, LLC, A New York Limited Liability Company v. Imagination International Corporation

July 14, 2011

GEORGE & COMPANY, LLC, A NEW YORK LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
IMAGINATION INTERNATIONAL CORPORATION, A DELAWARE CORPORATION; IMAGINATION HOLDINGS PTY LTD., AN AUSTRALIAN CORPORATION;
IMAGINATION ENTERTAINMENT PTY LTD., AN AUSTRALIAN CORPORATION; IMAGINATION PARTNERS, AN AUSTRALIAN CORPORATION;
BOARD GAMES EXPRESS, INC., A PENNSYLVANIA CORPORATION; AND DOES 1-10, DEFENDANTS.



The opinion of the court was delivered by: Honorable Gary Feess United States District Judge

JUDGMENT AND PERMANENT INJUNCTION

Whereas Plaintiff George & Company, LLC ("Plaintiff") and Defendants Imagination International Corporation, Imagination Holdings Pty Ltd., Imagination Entertainment Pty Ltd., Imagination Partners, and Board Games Express, Inc. (collectively, "Defendants"), by and through their counsel of record, have stipulated to entry of a judgment and permanent injunction, and good cause appears therefor, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

1. The Court has jurisdiction over the subject matter in this dispute and overall parties herein. Venue is proper in this Judicial District. The Court finds that there is a factual basis and legal basis for entry of this Judgment and Permanent Injunction and for the enforceability of this Judgment and Permanent Injunction.

FACTUAL BACKGROUND

2. Plaintiff is a long standing company widely known throughout the toy and game industry and manufacturers and sells a dice game known as LCR featuring specially-marked dice and chips distinguished by Plaintiff's Marks as set forth herein.

3. Plaintiff is the owner of all right, title, and interest in the following trademarks, among others:

a.) United States Trademark Registration No. 2989658 to Plaintiff

b.) United States Trademark Registration No. 2802321 to Plaintiff

c.) United States Trademark Registration No. 3854443 to Plaintiff

d.) United States Trademark Registration No. 3922749 to Plaintiff

e.) United States Trademark Registration No. 3917401 to Plaintiff

f.) United States Trademark Registration No. 3917337 to Plaintiff

g.) United States Trademark Registration No. 3854443 to Plaintiff (hereinafter "Plaintiff's Marks") used by Plaintiff on games, dice games, party games and board games (hereinafter "Plaintiff's Game" or "Plaintiff's Games")

4. Plaintiff's Marks are fully valid, enforceable, owned exclusively by Plaintiff, are legally subsisting, and serve as valuable source identifiers and designations of origin for Plaintiff's ...


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