Robert A. Johnson, SBN 155938 Sandra V. Biggs, SBN 175930 ROBERT JOHNSON LAW CORPORATION 34197 Pacific Coast Highway, Suite 100 Dana Point, California 92629 Telephone: (949) 498-4999 Facsimile: (949) 498-4998 Email: firstname.lastname@example.org Attorneys for Plaintiffs Richard Cantrell and Patricia Cantrell
[PROPOSED] ORDER ON STIPULATED CONSENT JUDGMENT FOR PERMANENT INJUNCTION
Assigned to: Judge Gary A. Feess Assigned to: Magistrate Paul L. Abrams
Complaint filed: January 10, 2011
WHEREAS, on January 5, 2011, Plaintiffs Richard Cantrell and Patricia Cantrell (collectively the "Cantrells" or "Plaintiffs") filed a Complaint against Defendant Active USA, Inc. ("Active" or "Defendant") in this action (the "Action");
WHEREAS, Plaintiffs allege that they have trademark and trade dress rights in "a woven rectangular cloth label sewn flat and positioned vertically over the center seam on the back of a pair of shorts or pants at the bottom edge of a waist band" as described and depicted in United States Patent and Trademark Office, Supplemental Register Trademark No. 2,938,965, a copy of which is attached hereto as Exhibit A;
WHEREAS, Plaintiffs contend that Defendant infringed on and diluted Plaintiffs' trademark and trade dress rights by manufacturing, marketing, displaying, distributing and/or selling the following:
(1) pants and shorts bearing a rectangular cloth label sewn vertically over the rear center seam bearing the word "Active" as depicted on Exhibit B attached hereto (the "Active Rectangular Label"); and
(2) pants and shorts bearing rectangular cloth labels positioned vertically on the rear center seam which labels loop under the bottom of roll down waist bands of the yoga pants and shorts bearing the words "Active Basic" and the letter "A" as depicted on Exhibits C and D attached hereto (the "Active Looped Label");
WHEREAS, the Settlement Agreement states in section 2.5 that Active "acknowledges and recognizes the validity of the Cantrells' trademark and/or trade dress rights to a rectangular shaped label, vertically positioned over the rear center seam of pants and shorts at the bottom of the waist band, as depicted in Supplemental Registration No. 2,938,965";
WHEREAS, the Settlement Agreement states in section 3.2 that "The Parties agree that a breach of this Agreement by one Party will cause irreparable harm to the other Party, and further agree that such breach shall be restrained by way of temporary restraining order, preliminary injunction and/or permanent injunction without the necessity of posting a bond";
WHEREAS, the Settlement Agreement states in section 2.4 that "Active may sell off all [existing inventory of] pants and shorts that bear the Active Rectangular Label and the Active Looped Label" until December 15, 2011 and that "After December 15, 2011, the Active Rectangular Label, the Active Looped Label and any other rectangular label positioned vertically on or near the rear center seam must be affirmatively removed from any and all remaining pants and shorts within Active's ... possession, custody or control."
IT IS HEREBY ORDERED THAT a Consent Judgment for Permanent Injunction against Active ...