UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
May 6, 2013
COLOR ME MINE ENTERPRISES, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
SOUTHERN STATES MARKETING, INC., A GEORGIA CORPORATION, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Judge: The Hon. R. Gary Klausner
NOTE: CHANGES MADE BY THE COURT
[PROPOSED] JUDGMENT AS TO DEFENDANT CVS CAREMARK CORPORATION Trial Date: May 14, 2013 Time: 9:00 a.m.
WHEREAS, the Court, in its Order Re: Plaintiff's Motion for Partial Summary Judgment (DE 169); Retail Defendants' Motion for Partial Summary Judgment (DE 160); Defendants Peachtree Playthings HK Ltd, Peachtree Playthings Inc., and Southern States Marketing, Inc.'s Motion for Summary Judgment (DE 163) (Pacer Docket No. 236) granted summary judgment of no monetary recovery and no willfulness in favor Defendants Toys "R" Us, Inc., CVS Caremark Corporation, Mary Maxim, Inc., Four Seasons General Merchandise, Inc., Michaels Stores, Inc. Hobby Lobby Stores, Inc. , Walgreen Co., and Wal-Mart Stores, Inc. (collectively, "Retail Defendants"); and
WHEREAS, CVS Caremark Corporation ("CVS Caremark") never sold any products purchased from Peachtree Playthings, Inc., Peachtree Playthings (HK) Ltd., or Southern States Marketing, Inc. bearing the name "Color Me Mine" or "Mine To Color"; and
WHEREAS the Court entered summary judgment in favor of defendant CVS Caremark as to all claims;
IT IS HEREBY ORDERED as follows:
1. Judgment is entered in favor of CVS Caremark;
2. CVS Caremark is the prevailing party;
3. Plaintiff is not entitled to recovery of actual damages from CVS Caremark;
4. Plaintiff is not entitled to recovery of profits from CVS Caremark;
5. Plaintiff's demand for an injunction from CVS Caremark is denied as moot;
6. CVS Caremark are awarded their costs; and
7. CVS Caremark reserves its rights to seek its attorneys' fees pursuant to 15 U.S.C. section1117(a) as the prevailing party, upon appropriate motion filed with the Court within fourteen (14) days of the entry of this Order.
R.Gary Klausner U.S. District Court Judge
Respectfully submitted, LEWIS ANTEN, P.C. Dated: /s/ Lewis Anten LEWIS ANTEN IVY CHODERKER Attorneys for Defendant CVS Caremark Corporation
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