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99ó Only Stores, A California Corporation v. El Super 99 D/B/A 99ó Plus Stores A California Company

September 28, 2012

99Ó ONLY STORES, A CALIFORNIA CORPORATION, PLAINTIFF,
v.
EL SUPER 99 D/B/A 99Ó PLUS STORES A CALIFORNIA COMPANY, AVIEL LEVI, AN INDIVIDUAL, AND DOES 1-10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Honorable Margaret M. Morrow United States District Court Judge

JS-6

[PROPOSED] FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION

Plaintiff 99ó ONLY STORES filed the First Amended Complaint ("FAC") in this action charging EL SUPER 99 D/B/A 99ó PLUS STORES, AVIEL LEVI, and DOES 1-10, INCLUSIVE (collectively, "Defendants") with false designation of origin, federal trademark infringement, trademark dilution, unfair competition, and related causes of action. The parties have agreed to a settlement of the matters in issue before them and that the Court shall enter the following Final Consent Judgment and Permanent Injunction. IT IS HEREBY STIPULATED, ADJUDGED, and DECREED as follows:

1. This Court has subject matter jurisdiction over this action as well as personal jurisdiction over the parties.

2. Venue is proper in this judicial district. 3. Defendants acknowledge that Plaintiff owns the following valid and enforceable federal trademarks (hereinafter "99ó Only Stores marks"):

Registration No. 1,395,427 for the mark "ONLY 99ó ONLY"; Registration No. 1,455,937 for the mark "99ó ONLY STORES"; Registration No. 1,712,553 for the mark "DRIVER CARRIES 99ó ONLY"; Registration No. 1,724,475 for the mark "OPEN 9 DAYS A WEEK 9 AM --

9 PM";

Registration No. 1,730,121 for the mark "ONLY 99ó ONLY"; Registration No. 1,741,928 for the mark "99ó ONLY STORES & Design"; Registration No. 1,747,549 for the mark "99ó ONLY";

Registration No. 1,947,809 for the mark "99ó ONLY STORES"; Registration No. 1,959,640 for the mark "99ó";

Registration No. 2,401,900 for the mark "99ó ONLY STORES & Design"; Registration No. 2,761,939 for the mark "99 THANKS";

Registration No. 3,132,449 for the mark "HIGHWAY 99";

Registration No. 3,132,450 for the mark "HIGHWAY 99 & Design"; and

Registration No. 3,144,871 for the mark "HIGHWAY 99 YOUR ROAD TO GREAT SAVINGS."

4. The following Federal registrations owned by 99ó Only Stores ("99ó") have become incontestable pursuant ...


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