United States District Court, C.D. California
7-ELEVEN, INC. Plaintiff,
v.
ITSS LLC d/b/a 7-24 HOURS C STORE; AMRO MOHAMMED AHMED, and YOULAN HE Defendants.
TUCKER
ELLIS LLP Howard A. Kroll - SBN 100981, David J. Steele - SBN
209797, PIRKEY BARBER PLLC Stephen P. Meleen (pro hac vice),
Attorneys for Plaintiff 7-ELEVEN, INC.
Stephen P. Meleen (admitted pro hac vice) Elizabeth Stafki
(admitted pro hac vice) PIRKEY BARBER PLLC., Amro Mohammed
Ahmed (Pro Se).
Youlan
He (Pro Se).
Howard
A. Kroll, #100981 TUCKER ELLIS LLP., ITSS LLC d/b/a 7-24
Hours C Store ITSS LLC d/b/a 7-24 Hours C Store
CONSENT JUDGMENT
The
parties have agreed to resolve this lawsuit through entry of
this Consent Judgment. The Court has reviewed the findings
and order set forth below and believes they are appropriate
and should be entered.
1. This
is an action for trademark infringement, dilution, and unfair
competition under the Trademark Act of 1946, as amended, 15
U.S.C. § 1051 et seq. (“Lanham
Act”), and for trademark infringement, unfair
competition, dilution, and unjust enrichment under the laws
of the State of California.
2. This
Court has jurisdiction over this action under Section 39 of
the Lanham Act, 15 U.S.C. § 1121, and Title 28 of the
United States Code, §§ 1331 and 1338, and
supplemental jurisdiction over 7-Eleven’s claims under
state law under 28 U.S.C. § 1367(a).
3.
Plaintiff is a Texas corporation having its principal place
of business at 3200 Hackberry Road, Irving, Texas 75063.
4.
Defendant ITSS LLC d/b/a 7-24 Hours C Store is a California
limited liability company having a business address at 2401
West Lincoln Avenue, Suite D, Anaheim, California 92801.
5.
Defendant Amro Mohammed Ahmed is an owner of defendant ITSS
LLC d/b/a 7-24 Hours C Store.
6.
Defendant Youlan He is an owner of defendant ITSS LLC d/b/a
7-24 Hours C Store.
7.
Since long before the acts of Defendants complained of
herein, 7-Eleven has been engaged in the business of, among
other things, offering convenience store services and
products, either directly or through its licensees
(collectively, “7-Eleven”), to the general public
at various locations throughout the United States.
8.
Since at least as early as 1946, 7-Eleven has continuously
used the name and mark 7-ELEVEN in commerce in connection
with a variety of products and services, including the sale
and promotion of convenience store services and various other
related products and services.
9. For
many years 7-Eleven has frequently and continuously used the
7-ELEVEN name and mark in a stylized, multicolored logo
format. A common display of the logo, shown below, features
the text “ELEVEN” centered across a large numeral
“7” with a curved vertical shank (the
“7-ELEVEN Logo”). The 7-ELEVEN Logo is typically
displayed in a combination of orange, red, green, and white,
as shown below.
10. The
7-ELEVEN Logo is displayed, among other places, on signage
for its ...