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Otter Products, LLC v. Cellular Castle

United States District Court, Ninth Circuit

May 10, 2013

OTTER PRODUCTS, LLC, a Colorado Limited Liability Company, Plaintiff,
v.
CELLULAR CASTLE, a Business Entity of Unknown Status; THE OEM PLANET, a Business Entity of Unknown Status; INFINITE TRADING GOODS, INC., a New York Corporation; PANTELIS CHRYSAFIS, an Individual; and DOES 1-10, Inclusive, Defendants.

Christopher D. Johnson, SBN: 222698 JOHNSON & PHAM, LLP, E-mail: cjohnson@johnsonpham.com, Christopher Q. Pham, SBN: 206697 E-mail: cpham@johnsonpham.com, Marcus F. Chaney, SBN: 245227 E-mail: mchaney@johnsonpham.com, Ani S. Garibyan, SBN: 274846 E-mail: agaribyan@johnsonpham.com, Woodland Hills, California, Attorneys for Plaintiff, OTTER PRODUCTS, LLC.

JUDGMENT AND PERMANENT INJUNCTION ORDER AGAINST DEFENDANT INFINITE TRADING GOODS, INC. DOING BUSINESS AS BOTH CELLULAR CASTLE AND THE OEM PLANET

PERCY ANDERSON, District Judge.

Having reviewed the Stipulated Judgment and Entry of Permanent Injunction entered into between Plaintiff OTTER PRODUCTS, LLC ("OTTERBOX") and INFINITE TRADING GOODS, INC. doing business as both CELLULAR CASTLE and THE OEM PLANET (hereinafter "INFINITE"), and good cause appearing, the Court hereby finds as follows:

a. WHEREAS OTTERBOX is the owner of numerous trademarks which it uses in connection with the manufacture, distribution, sale and promotion of a wide range of products, including high-quality protective cases, peripherals and accessories for portable electronic devices and computers. Plaintiff owns all rights in and to a family of federally registered trademarks which include the following, among others (collectively, "OTTERBOX's Registered Marks"):

2. WHEREAS OTTERBOX also has numerous pending trademarks with the United States Patent and Trademark Office. The serial numbers of Plaintiff's pending trademarks are as follows: 85416877; 85456430; 85458259; 85462689; 85483745; 85505980; 85576166; 85531307; 85505993; 85505986; 85505999; 85428337; 85288182; 85288187 and 85342514.

3. WHEREAS on May 24, 2012, OTTERBOX filed a lawsuit against INFINITE in the case entitled, Otter Products, LLC v. Cellular Castle, et al., Case No. CV12-04238 PA (MRWx) ("Action") against INFINITE alleging causes of action under §32(1) of the Lanham Act (15 U.S.C. §1114(1)) for infringement of federally registered trademarks, under §43(c) of the Lanham Act (15 U.S.C. 1125(c)) and California Business & Professions Code § 14247 for dilution of federally registered and common law trademarks, under §43(a) of the Lanham Act (15 U.S.C. §1125(a)) for unfair competition, and under the statutory and common law of the State of California to enjoin INFINITE's alleged current and prospective infringement and dilution of the OTTERBOX's Marks and unfair competition, and to recover monetary damages resulting from those actions.

4. WHEREAS after reviewing the papers and evidentiary support provided to INFINITE, INFINITE has agreed to stipulate to the instant judgment and the issuance of a permanent injunction with respect to matters referenced in this Stipulation.

5. WHEREAS the parties expressly waive any findings of fact, conclusions of law, statement of decision and any right to notice or right to be heard in any matter in connection with or arising out of the filing, rendition or entry of the Permanent Injunction Order on this Stipulation for Entry of Permanent Injunction, provided however, that no such waiver shall be deemed to exist insofar as damages are concerned, it being agreed that Defendants may offer proof in defense of Plaintiff's claims for damages.

6. WHEREAS the parties agree that the permanent injunction shall remain in full force and effect through the final disposition of this action and that any right to set aside the permanent injunction, appeal therefrom or to otherwise attack its validity is hereby waived; provided however, that no such waiver shall be deemed to exist insofar as damages are concerned, it being agreed that INFINITE may offer proof in defense of Plaintiff's claims for damages.

NOW THEREFORE, IT IS HEREBY ORDERED THAT INFINITE and its agents, employees, officers, directors, owners, attorneys, representatives, successor companies, related companies, and all persona acting in concert or participation with it, and each of them, are, through the final disposition of this action, PERMANENT ENJOINED from:

a. The import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, shipment, licensing, development, display, delivery, marketing, advertising or promotion of the counterfeit OTTERBOX§ product identified in the First Amended Complaint and any other infringing product bearing OTTERBOX's Registered Marks (including any non-genuine reproduction, counterfeit, copy or colorable imitation thereof).

b. The import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, shipment, licensing, development, display, delivery, marketing, advertising or promotion of the infringing and diluting product identified in the First Amended ...


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