United States District Court, C.D. California, Western Division
SUMMIT ENTERTAINMENT, LLC, a Delaware limited liability company, Plaintiff,
PREFERRED FRAGRANCE, INC., a New York Corporation, FRAGRANCE ACQUISITIONS, LLC, a Delaware limited liability company, EZRIEL POLATSEK, an individual, and DOES 1-10, inclusive, Defendants.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP JILL M. PIETRINI, PAUL A. BOST, Los Angeles, California, Attorneys for Plaintiff, SUMMIT ENTERTAINMENT, LLC.
STIPULATED JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT FRAGRANCE ACQUISITIONS, LLC
CHRISTINA A. SNYDER, District Judge.
IT IS HEREBY STIPULATED by and between plaintiff Summit Entertainment, LLC ("Summit") and defendant Fragrance Acquisitions, LLC ("Fragrance Acquisitions") that a Judgment shall be entered to fully and finally dispose of this action as to Fragrance Acquisitions, and that the Judgment be entered against Fragrance Acquisitions as follows:
WHEREAS, Summit is the producer and distributor of the motion picture Twilight and its sequels The Twilight Saga: New Moon, The Twilight Saga: Eclipse, The Twilight Saga: Breaking Dawn - Part 1, and The Twilight Saga: Breaking Dawn - Part 2 (collectively, the " Twilight Motion Pictures");
WHEREAS, Summit is the owner of all right, title, and interest in certain intellectual property rights - including trademarks, copyrights, and trade dress rights - related to and/or derived from the Twilight Motion Pictures (the " Twilight Intellectual Property"), including the federally registered TWILIGHT, stylized TWILIGHT (as depicted immediately below), and NEW MOON trademarks used on and/or in conjunction with a variety of goods and services (the "TWILIGHT and NEW MOON Marks"), as well as other trademarks, copyrights, and protectable trade dress:
WHEREAS, on December 4, 2013, the Court deemed filed Summit's First Amended Complaint [Docket No. 28], through which Summit added Fragrance Acquisitions as a defendant and sought damages and injunctive relief against Fragrance Acquisitions for false designation of origin, trademark infringement, trademark dilution, and unfair competition. Summit alleged that Fragrance Acquisitions' sale of eau de parfum and related products under the MOONLIGHT trademark infringed Summit's rights in the TWILIGHT and NEW MOON Marks;
WHEREAS, Fragrance Acquisitions denies all wrongdoing alleged by Summit in the First Amended Complaint;
WHEREAS, Summit and Fragrance Acquisitions, without any admission of liability on the part of Fragrance Acquisitions, have entered into a Confidential Settlement Agreement dated February 3, 2014 (the "Agreement") with the mutual intention of resolving all disputes between them which arise from the allegations of the First Amended Complaint; and
WHEREAS, this Court has jurisdiction over the subject matter of this controversy pursuant to 15 U.S.C. § 1121(a), 28 U.S.C. § 1331, 28 U.S.C. § 1338(a), and 28 U.S.C. § 1338(b);
THE COURT HEREBY ORDERS, ADJUDGES, AND DECREES:
1. Permanent Injunction. Fragrance Acquisitions and, as applicable, its past and present officers, directors, servants, employees, representatives, successors, assigns, attorneys and agents, and all persons in active concert or participation with Fragrance Acquisitions or with any of the foregoing, hereby agree to permanently refrain from:
(a) Manufacturing, transporting, promoting, importing, advertising, marketing, publicizing, distributing, displaying, offering for sale or selling any good or service under any of the TWILIGHT and NEW MOON Marks or any other mark, name, symbol, design, logo, image, or trade dress that is likely to cause confusion or to cause mistake or to deceive persons into the erroneous belief that any goods or services that Fragrance Acquisitions caused to enter the stream of commerce are sponsored, licensed, or authorized by Summit, or are connected, associated, or affiliated with Summit or the Twilight Motion Pictures;
(b) Manufacturing, transporting, promoting, importing, advertising, marketing, publicizing, distributing, displaying, offering for sale or selling any good or service under any of the TWILIGHT and NEW MOON Marks or any other mark, name, symbol, design, or logo that is confusingly similar to or a reproduction, ...