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Baron Philippe De Rothschild S.A., Societe Civile Du Ch Teau Lafite v. Judson Rothschild

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA


April 17, 2013

BARON PHILIPPE DE ROTHSCHILD S.A., SOCIETE CIVILE DU CH TEAU LAFITE ROTHSCHILD, AND BARON ERIC DE ROTHSCHILD PLAINTIFFS,
v.
JUDSON ROTHSCHILD, INDIVIDUALLY AND DOING BUSINESS AS ROTHSCHILD INTERIORS AND THE ROTHSCHILD COLLECTION, AND ROTHSCHILD PRODUCTIONS, INC., DEFENDANTS. JUDSON ROTHSCHILD, INDIVIDUALLY AND DOING BUSINESS AS ROTHSCHILD INTERIORS AND THE ROTHSCHILD COLLECTION, INSTIGATION AND ROTHSCHILD PRODUCTIONS, INC., COUNTER-CLAIMANTS, BARON PHILIPPE DE ROTHSCHILD S.A., AND SOCIETE CIVILE DU CH TEAU LAFITE ROTHSCHILD COUNTER-DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Margaret M. Morrow

LAURENCE M. BERMAN, State Bar No. 093515 lberman@bermanlitigationgroup.com WENDY M. THOMAS, State Bar No. 268695 of wthomas@bermanlitigationgroup.com BERMAN LITIGATION GROUP 201 Santa Monica Boulevard, Suite 300 Santa Monica, CA 90401 Telephone: (310) 393-9500 Facsimile: (310) 393-9588 YURI MIKULKA, State Bar No. 185926 ymikulka@sycr.com SARAH S. BROOKS, State Bar No. 266292 sbrooks@sycr.com STRADLING YOCCA CARLSON & RAUTH 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660-6422 Telephone: (949) 725-4000 Facsimile: (949) 725-4100 Attorneys for Defendants JUDSON ROTHSCHILD, ROTHSCHILD INTERIORS, THE ROTHSCHILD COLLECTION, and ROTHSCHILD PRODUCTIONS, INC.

[PROPOSED] CONSENT JUDGMENT

Dept: 780

This Stipulation is based on the following facts: (1) Plaintiff Baron Philippe de Rothschild S.A. is a French public limited liability company located and doing business in France and is controlled by members of the European Rothschild Family;

(2) Plaintiff Societe Civile du Chateau Lafite Rothschild is a French civil law company located and doing business in France and is controlled by members of the European Rothschild Family;

(3) Plaintiff Baron Eric de Rothschild is a French citizen and a member of the European Rothschild Family;

(4) Defendant Judson Rothschild is an individual residing in Los Angeles, California, who has done business using the names Rothschild Interiors, The Rothschild Collection, and Rothschild Productions, Inc.;

(5) Defendant Rothschild Productions, Inc. is a California corporation with its place of business in Los Angeles, California;

(6) For the purposes of the Consent Judgment, the following definitions shall apply:

(a) "Plaintiffs" shall mean Baron Philippe de Rothschild S.A., Societe Civile du Chateau Lafite Rothschild, and Baron Eric de Rothschild;

(b) "Defendants" shall mean Judson Rothschild, individually and doing business as Rothschild Interiors and the Rothschild Collection, and Rothschild Productions, Inc.;

(c) "Counter-Claimants" shall mean Judson Rothschild, individually and doing business as Rothschild Interiors and the Rothschild Collection, and Rothschild Productions, Inc.;

(d) "Counter-Defendants" shall mean Baron Philippe de Rothschild S.A. and Societe Civile du Chateau Lafite Rothschild;

(e) "Parties" shall mean Plaintiffs, Defendants, "Counter-Claimants," and "Counter-Defendants" collectively;

(7) On May 3, 2012, Plaintiffs filed the instant lawsuit against Defendants alleging trademark infringement of Plaintiffs' registered trademarks in the United States, as well as infringement of the Rothschild Family coat-of-arms;

(8) On June 4, 2012, Defendants filed an Answer and Counterclaims to Plaintiffs' Complaint alleging that in 2002, Defendant and Counter-claimant Rothschild Productions, Inc. filed an application to register United States Trademark Registration No. 3,230,399 for the mark that appears below (the "Judson Rothschild Registered Trademark"), and this registration was granted in 2007:

(9) On July 12, 2012, Plaintiffs filed a First Amended Complaint against Defendants;

(10) On July 31, 2012, Defendants filed an Answer and Counterclaims to Plaintiffs' First Amended Complaint;

(11) On September 24, 2012, Plaintiffs filed a Second Amended Complaint against Defendants;

(12) On November 1, 2012, Defendants filed an Answer and Counterclaims to Plaintiffs' Second Amended Complaint. The Counterclaims contain three specific demands for relief:

(a) A judicial determination and declaration that Defendants' use of ROTHSCHILD INTERIORS, THE ROTHSCHILD COLLECTION, ROTHSCHILD PRODUCTIONS, INC., and the Judson Rothschild Registered Trademark and related trade dress and slogan does not infringe the Counter-Defendants' trademark rights (referred to as "Demand 1");

(b) A judicial determination and declaration that Counter-Claimants are the rightful owners of and entitled to use ROTHSCHILD INTERIORS, THE ROTHSCHILD COLLECTION, ROTHSCHILD PRODUCTIONS, and the Judson Rothschild Registered Trademark, and that these marks are valid (referred to as "Demand 2");

(c) A judicial determination and declaration that the Counter-Defendants are "not entitled to use these marks" (referred to as "Demand 3").

(13) On November 16, 2012, Plaintiffs filed a motion to voluntarily dismiss Plaintiffs' claims with prejudice and also to dismiss Counter-Claimants' counterclaims. The Parties agree that Plaintiffs' claims contained in Plaintiffs' Second Amended Complaint should be dismissed with prejudice.

(14) The Parties agree that Judgment should be entered in favor of Counter-Claimants on Demand 1 and Demand 2 of Counter-Claimants' Counterclaims.

(15) The Parties agree that with respect to Demand 3, which seeks relief broader than that afforded by the dismissal of Plaintiffs' claims, there is no case or controversy pursuant to Article III of the Constitution to justify retention of this case for the purpose of deciding this claim and, accordingly, Demand 3 from Counter-Claimant's Counterclaims should be dismissed without prejudice.

WHEREAS, the Parties, by their respective attorneys, have consented to the entry of this Consent Judgment;

WHEREAS, the Parties waive all rights to seek appellate review or otherwise challenge or contest the validity of this Consent Judgment, provided, that neither party waives its right to appeal from any judgment that the Court may enter on Defendants' intended motion for costs and attorney's fees.

NOW THEREFORE, the Court, having read and considered the pleadings on file, and also this Consent Judgment which has been jointly submitted by the Parties hereto, with the consent of the Parties, and for good cause shown, IT IS HEREBY ORDERED, ADJUDGED AND DEGREED THAT:

(1) The Court has personal and subject matter jurisdiction over this matter.

(2) Venue as to all matters between the parties relating thereto lies in this Court.

(3) Plaintiffs' claims contained in Plaintiffs' Second Amended Complaint are dismissed with prejudice.

(4) Judgment is entered in favor of Counter-Claimants on Demand 1 and Demand 2 of Counter-Claimants' Counterclaims.

(5) With respect to Demand 3, which seeks relief broader than that afforded by the dismissal of Plaintiffs' claims, the Court finds that there is no case or controversy pursuant to Article III of the Constitution to justify retention of this case for the purpose of deciding this claim and, accordingly, dismisses Demand 3 of Counter-Claimants' Counterclaims without prejudice.

(6) This Consent Judgment shall be immediately entered by the Clerk of the United States District Court and shall be enforceable according to its terms.

(7) Notwithstanding the dismissal of the Action, this Court shall retain continuing jurisdiction over the Parties and the action for purposes of enforcing this Consent Judgment.

(8) The Court reserves judgment on the issue of attorney's fees and costs, which will be resolved by way of a motion to recover costs and attorney's fees to be filed by Defendants, which Plaintiffs will oppose.

Approved as to form and content:

Hon. Margaret M. Morrow United States District Judge

CERTIFICATE OF SERVICE

I hereby certify that on April 9, 2013, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of the filing to all counsel of record.

Wendy M. Thomas

Wendy M. Thomas

20130417

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