Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stone Mart Corp. v. Contractor's Stone Mart LLC

United States District Court, Ninth Circuit

January 27, 2014

STONE MART CORP., a California corporation, Plaintiff,
v.
CONTRACTOR'S STONE MART LLC, a California limited liability company, and LENIN GONZALEZ, an individual, Defendants.

MIRIAM C. BEEZY (CA Bar No. 134729), JEAN-PAUL CIARDULLO (CA Bar No. 284170), FOLEY & LARDNER LLP, Los Angeles, CA Attorneys for Plaintiff, Stone Mart Corp..

LAW OFFICES OF PAUL A. BECK, APC, Paul A. Beck (SBN 79760), Sherman Oaks, California, Attorney for Defendants, Lenin Gonzalez and Contractor's Stone Mart LLC.

CONSENT JUDGMENT

DALE S. FISCHER, District Judge.

This matter having been presented to the Court by and with the consent of plaintiff, Stone Mart Corp. ("Stone Mart"), and the defendants Contractor's Stone Mart LLC ("Contractor's Stone Mart") and Lenin Gonzalez, (collectively referred to herein as "Defendants"), the Court having been fully advised in the premises, in resolution of the entire action it is hereby ORDERED, ADJUDGED and DECREED:

1. This Court has jurisdiction over the parties hereto and over the subject matter hereof.

2. Since long prior to the acts of Defendants which are the subject of this Case 2:13-cv-08062-DSF-SS Document 19 Filed 01/27/14 Page 2 of 6 Page ID #:87 action, Stone Mart has been engaged in the business of, inter alia, offering retail store services featuring various stone and tile products offered to the general public as well as wholesale store services featuring various stone and tile products.

3. Since at least as early as 1996, long prior to the acts of Defendants which are the subject of this action, Stone Mart Corp. has provided its aforesaid retail and wholesale store services under the name and mark STONE MART.

4. Since at least as early as 1999, long prior to the acts of Defendants which are the subject of this action, Stone Mart has advertised and promoted its goods and store services in a number of ways, including through a website associated with the domain name STONEMART.com.

5. By virtue of aforesaid extensive use, advertising, and promotion, and long prior to the acts of the Defendants which are the subject of this action, Stone Mart's aforesaid STONE MART name and mark have acquired a strong secondary meaning signifying Stone Mart.

6. Stone Mart has registered its aforesaid STONE MART mark in the United States Patent and Trademark Office as follows:

REG. NO. DATE SERVICES 3, 451, 606 June 17, 2008 Wholesale distributorships featuring natural stone products, namely, marble, granite, limestone, quartz, travertine, slate, Jurassic fossil stone, amethyst, lapis lazuli, mother of pearl, wild agate and tiger's eye; Retail store services featuring natural stone products, namely, marble, granite, limestone, quartz, travertine, slate, Jurassic fossil stone, amethyst, lapis lazuli, mother of pearl, wild agate and tiger's eye

4, 249, 839 Nov. 27, 2012 Retail store services featuring natural stone products, gemstone and semiprecious stone products, engineered stone products, marble, granite, travertine, onyx, limestone, quartzite, quartz, amethyst, carnelian, petrified wood, agate, jasper, sodalite, tiger's eye, malachite, lapis lazuli, mother of pearl, tiles, natural stone tiles, glass tiles, mosaic tiles; Wholesale store services featuring natural stone products, gemstone and semiprecious stone products, engineered stone products, marble, granite, travertine, onyx, limestone, quartzite, quartz, amethyst, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.