United States District Court, C.D. California
Theodore S. Maceiko, MACEIKO IP, Manhattan Beach, California, Attorneys for Plaintiff/Counter-Defendant Mad Dogg Athletics, Inc.
KAUTH, POMEROY, PECK & BAILEY LLP, Joel A. Kauth, Attorneys for Defendant BH North America Corporation.
[PROPOSED] CONSENT JUDGMENT AND PERMANENT INJUNCTION
CHRISTINA A. SNYDER, Judge.
WHEREAS plaintiff, Mad Dogg Athletics, Inc. ("Mad Dogg"), and defendant, BH North America Corporation ("BH") have agreed in a separate agreement to settlement of the matter in issue between them and to entry of this judgment, it is ORDERED, ADJUDGED AND DECREED THAT:
1. Mad Dogg alleged claims for Patent Infringement, Trademark Infringement, Unfair Competition and related claims, and BH alleged counterclaims for patent invalidity, unenforceability and non-infringement and for unfair competition.
2. The Court has jurisdiction over the parties in this action and over the subject matter in issue based on 15 U.S.C. §§ 1116(a) and 1121; 28 U.S.C. §§ 1331, 1332(a) and 1338(a) and (b); and 28 U.S.C. § 1367. The Court further has continuing jurisdiction to enforce the terms and provisions of the Consent Judgment and Permanent Injunction. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(a), (b) and (c) and 1400(b).
3. Mad Dogg is a corporation incorporated under the laws of the State of California, and has its principal place of business at 2111 Narcissus Court, Venice, California 90291.
4. BH is a Delaware corporation having a principal place of business at 20155 Ellipse, Foothill Ranch, California 92610.
5. BH has imported, made, used, sold, offered for sale or distributed certain indoor cycling stationary bicycles.
6. Mad Dogg is the owner of U.S. Patent Nos. 5, 423, 728; 6, 155, 958; 6, 468, 185; 6, 881, 178; 7, 455, 627 and 8, 057, 364 (collectively "Utility Patents"), which were valid and enforceable during their term.
7. Mad Dogg is the owner of U.S. Design Patent Nos. D473, 274 and D463, 602 (collectively "Design Patents") which are valid and enforceable throughout the United States for their remaining term.
8. Mad Dogg is the owner of U.S. Trademark Registration No. 2, 173, 202 for the standard word mark, SPIN, which is valid and enforceable throughout the United States and which has become incontestable pursuant to 15 U.S.C. § 1065 for the goods and services covered by said registration, namely, stationary exercise bicycles and physical fitness instruction (hereinafter the "SPIN trademark").
9. BH, and its related entities, affiliates, officers, directors, subsidiaries, divisions, owners, agents, servants, shareholders, employees, successors, assigns, representatives, and agents of any kind, and all persons or entities acting under BH's direction or control or in active concert or participation with BH (hereinafter collectively referred to as BH's "Related Entities") who receive actual notice of this Order by personal service or otherwise, are hereby permanently enjoined from engaging in any of the following activities:
(a) from infringing, either directly or contributorily and from inducing others to infringe any of Mad Dogg's U.S. Patent Nos. ...