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Mag Instrument, Inc. v. Innovation Specialties, Inc.

United States District Court, Ninth Circuit

October 11, 2013

MAG INSTRUMENT, INC., a California corporation, Plaintiff,
v.
INNOVATION SPECIALTIES, INC., a California corporation, Defendant.

Anna E. Raimer, Attorneys for Plaintiff, MAG INSTRUMENT, INC.

Thomas Rozsa, Attorneys for Defendant, INNOVATION SPECIALTIES, INC.

CONSENT JUDGMENT AND PERMANENT INJUNCTION

CONSUELO B. MARSHALL, District Judge.

WHEREAS, plaintiff Mag Instrument, Inc. ("Mag Instrument") and defendant Innovation Specialties, Inc. ("Innovation Specialties") have agreed in a separate agreement to settlement of the matters in issue between them and to the entry of this Consent Judgment and Permanent Injunction, it is hereby ORDERED, ADJUDGED, AND DECREED THAT:

1. This is an action for: (1) federal trademark infringement under 15 U.S.C. § 1114(1); (2) false designation of origin, unfair competition, and trademark infringement under 15 U.S.C. § 1125(a); (3) federal trademark dilution under 15 U.S.C. § 1125(c); (4) California trademark infringement under Cal. Bus. & Prof. Code § 14245; (5) California statutory unfair competition under Cal. Bus. & Prof. Code § 17200, et seq.; (6) California trademark dilution under Cal. Bus. & Prof. Code § 14247; (7) common law trademark infringement; and (8) common law unfair competition.

2. This Court has jurisdiction over all of the parties in this action and over the subject matter in issue based on 28 U.S.C. §§ 1331, 1338(a) and (b), and 1367(a), as well as 15 U.S.C. § 1121(a). This Court has continuing jurisdiction to enforce the terms and provisions of this Consent Judgment and Permanent Injunction. Venue is also proper in this Court pursuant to 28 U.S.C. §§ 1391(b) and (c).

3. Mag Instrument is a California corporation, having its principal place of business at 2001 South Hellman Avenue, Ontario, California 91761.

4. Innovation Specialties is a California corporation, having its principal place of business at 11869 Teale Street, Culver City, California 90230.

5. Innovation Specialties has marketed, distributed, advertised, promoted, offered for sale, and/or sold commercially in interstate commerce certain lighting products under the designation "Mini Mag" (the "Innovation Products"). The Innovation Products were neither manufactured nor authorized by plaintiff Mag Instrument.

6. For many years, and prior to the acts of Innovation Specialties discussed herein, Mag Instrument has continuously manufactured, advertised, assembled, marketed, sold, and distributed, in interstate commerce, a line of flashlights, including, but not limited to, a line of flashlights under the distinctive trademarks MAG-LITE®, MINI MAGLITE®, MAG INSTRUMENT®, MAG®, MAGLITE®, MAGLITE® and design, MAG CHARGER®, MAG-NUM STAR®, MAG-LED®, MAGLED®, and MAG-TAC® ("Mag Instrument's Trademarks").

7. Plaintiff Mag Instrument has obtained, and is the owner of, federal registrations for Mag Instrument's Trademarks, including United States Trademark Registration No. 1, 154, 816 for "MAG-LITE, " United States Trademark Registration No. 1, 245, 187 for "MAG-NUM STAR, " United States Trademark Registration No. 1, 389, 804 for "MINI MAGLITE, " United States Trademark Registration No. 1, 611, 960 for "MINI MAGLITE AAA, " United States Trademark Registration No. 1, 715, 086 for "MAG INSTRUMENT, " United States Trademark Registration No. 1, 975, 632 for "MAG, " United States Trademark Registration No. 2, 485, 515 for "MAGLITE, " United States Trademark Registration No. 2, 622, 179 for the stylized "MAGLITE, " United States Trademark Registration No. 2, 999, 097 for "MAG CHARGER, " United States Trademark Registration No. 3, 104, 551 for "MAG-LED, " United States Trademark Registration No. 3, 265, 427 for "MAG-LED, " United States Trademark Registration No. 3, 280, 356 for "MAGLED, " United States Trademark Registration No. 3, 382, 287 for "MAGLED, " and United States Trademark Registration No. 4, 179, 888 for "MAG-TAC." Mag Instrument's Trademarks are valid and enforceable throughout the United States, and the registrations for these trademarks remain in full force and effect.

8. Mag Instrument's Trademarks have acquired secondary meaning in that they have come to be associated by the trade and consuming public exclusively with Mag Instrument and, as a result, have come to signify Mag Instrument as the source of flashlights bearing the same or similar characteristics.

9. In addition to its federal trademark registrations, Mag Instrument also owns California State Registration No. 60569 for "MAG-LITE, " California State Registration No. 66754 for "MAG-NUM STAR, " California State Registration No. 78422 for "MINI MAGLITE, " and California State Registration No. 86000 for "MINI MAGLITE AAA, " which are valid and enforceable. (Hereinafter, "Mag Instrument's Trademarks" refers to Mag Instrument's California and federal registrations.)

10. Defendant Innovation Specialties has improperly used the designation "Mini Mag" in association with the Innovation Products, which is confusingly similar to Mag Instrument's Trademarks. Defendant's marketing, distribution, advertising, promotion, offer for sale, and/or sale of the Innovation Products is therefore likely to cause, and has caused, confusion, mistake, and deception among the consuming ...


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