Inc. v. ITSS LLC

          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 ...