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Lifted Research Group, Inc., A California Corporation v. Caltex Apparel

THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA


February 21, 2013

LIFTED RESEARCH GROUP, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
CALTEX APPAREL, INC., A CALIFORNIA CORPORATION, D/B/A
JONATHAN K. APPAREL CO. D/B/A JONATHAN K. APPAREL D/B/A JONATHANK.COM, AND DOES 1-10, DEFENDANTS.

The opinion of the court was delivered by: James V. Selna United States District Judge

ORDER ENTERING STIPULATED CONSENT PRELIMINARY INJUNCTION ; ORDER CONFIRMING SEIZURE; AND ORDER LIFTING SEAL

[PROPOSED] ORDER ENTERING STIPULATED CONSENT PRELIMINARY INJUNCTION AND ORDER CONFIRMING SEIZURE

Having reviewed the Proposed Stipulated Consent Preliminary Injunction and Order Confirming Seizure executed by Plaintiff, Lifted Research Group, Inc. ("LRG") and Defendant, Caltex Apparel, Inc., a California corporation, d/b/a Jonathan K. Apparel Co. d/b/a Jonathan K. Apparel d/b/a jonathank.com (the "Defendant"), and good cause appearing therefor, it is hereby ORDERED as follows:

1. This Court has jurisdiction of the subject matter of all counts of this action and over all of the named parties hereto.

2. LRG is the owner of the following trademarks (the "LRG Marks") in connection with high quality shirts:

Trademark Registration Registration Date Class(es)/Goods Number 3,886,593 December 7, 2010

IC 03 - Fragrances for personal use and non-medicated toiletries, namely, cologne, eau de cologne IC 9 - Telecommunications products and accessories, namely, cellular phones, cell phones integrated with a personal data assistant IC 14 - Chronometric instruments, namely, watches IC 18 - Bags, namely, travel and overnight bags, gym bags, athletic bags, all purpose sport bags, knapsacks, wrist mounted carry all bags, shoulder bags, messenger bags, backpacks, wallets and billfolds IC 025 - Clothing, footwear, and headwear, namely t-shirts, woven shirts, casual tops with long and short sleeves, bodysuits, sweatshirts, sweaters, vests, blazers, jackets, coats, anoraks, parkas, L R G 2,633,832 October 15, 2002 jeans, pants, slacks, shorts, socks, belts, gloves, mittens, athletic shoes, slippers, sandals, swimwear, boxers, underwear, undershirts, ski wear, snow-board wear, baseball caps, hats, and beanies

IC 025 - Hats, Shirts, Sweatshirts,

Jackets, Shorts, and Pants

IC 18 - Bags, namely, gym bags, athletic bags, all purpose sport bags, purses IC 25 - Clothing, and headwear, namely, t-shirts, woven shirts, casual tops with long and short sleeves, sweatshirts, sweaters, vests, blazers, jackets, coats, anoraks, parkas, jeans, pants, slacks, dresses, skirts, shorts, overalls, socks, belts, gloves, mittens, swimwear, pajamas, boxers, underwear, lingerie, panties, undershirts, ski wear, snowboard wear, baseball caps, hats, beanies, bandannas which are registered in International Class 25 and are used in connection with the manufacture and distribution of, among other things, high quality shirts (the "LRG Marks"). Additionally, LRG is the owner of United States Copyright Registration No.'s VA-1-772-662 ( ), and VA-11397-403 ( ) for the works in which LRG's copyrighted works appear (the "LRG Copyrights"). LRG's ownership and registration of the LRG Copyrights precedes Defendant's infringement as alleged herein.

3,946,039 April 12, 2011

3. Defendant and its respective officers, agents, servants, employees, and attorneys, and all persons in active concert and participation with them are hereby restrained and enjoined, pending termination of this action, from, intentionally and/or knowingly:

A. manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods; bearing the LRG Marks and LRG Copyrights;

B. using the LRG Marks and/or LRG Copyrights in connection with the sale of any unauthorized goods;

C. using any logo, and/or layout which may be calculated to falsely advertise the services or products of the Defendant as being sponsored by, authorized by, endorsed by, or in any way associated with the Plaintiff;

D. using any reproduction, counterfeit, copy, or colorable imitation of the LRG Marks and/or LRG Copyrights in connection with the publicity, promotion, sale or advertising of any goods sold by the Defendant, including, without limitation, shirts;

E. affixing, applying, annexing or using in connection with the sale of any goods, a false description or representation, including words or other symbols tending to falsely describe or represent the Defendant's goods as being those of the Plaintiff, or in any way endorsed by the Plaintiff;

F. offering such goods in commerce; and from otherwise unfairly competing with the Plaintiff;

G. secreting, destroying, altering, removing, or otherwise dealing with the unauthorized products or any books or records which contain any information relating to the importing, manufacturing, producing, distributing, circulating, selling, marketing, offering for sale, advertising, promoting, renting or displaying of all unauthorized products which infringe the LRG Marks and/or LRG Copyrights; and

H. effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth in subparagraphs (A) through (G).

4. The seizure effected on February 18, 2013 pursuant to this Court's Order is hereby confirmed and the hearing scheduled for February 22, 2013 at 9:00 a.m. is hereby canceled.

5. The seal in this matter is hereby removed, and the Clerk is instructed to return this file to the public portion of the Court records.

6. The bond posted by the Plaintiff in compliance with the Court's Order dated February 11, 2013 is hereby released.

IT IS SO ORDERED.

CC: FISCAL

20130221

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