United States District Court, N.D. California, San Francisco Division
ANDERSEN TAX LLC, a Delaware limited liability company, Plaintiff,
STEPHANE LAFFONT-REVEILHAC, an individual; VERONIQUE MARTINEZ, an individual; ARTHUR ANDERSEN & CO., SAS, a Societe par Actions Simplified under the laws of France; and MOHALA ENTERPRISES, LLC D/B/A SUNDIAL CONSULTING, a California limited liability company. Defendants.
LLP email@example.com CHANTAL Z. HWANG (275236)
firstname.lastname@example.org Attorneys for Plaintiff Andersen Tax LLC
W. Crittenden Cooley LLP Attorneys for Plaintiff Andersen Tax
H. Hala CEO Defendant MoHala Enterprises, LLC d/b/a Sundial
CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST
DEFENDANT MOHALA ENTERPRISES, LLC D/B/A SUNDIAL
M. Chen, Judge
Andersen Tax LLC ("Plaintiff or "Andersen
Tax") filed a Complaint on March 13, 2017 against
defendants Stephane Laffont-Reveilhac
("Laffont-Reveihac"), Veronique Martinez
("Martinez"), Arthur Andersen & Co., SaS,
formerly known as Quatre Juillet Maison Blanche, SaS,
("AA SAS"), and MoHala Enterprises, LLC d/b/a
Sundial Consulting ("MoHala") alleging trademark
counterfeiting pursuant to 15 U.S.C. § 1114, trademark
infringement pursuant to 15 U.S.C. § 1114, unfair
competition arising under the California Business &
Professions Code § 17200, et seq., and other
and Defendant MoHala (the "Parties") have now
entered into a Confidential Settlement Agreement to resolve
the controversies and disputes between them arising out of
and relating to the matters alleged in the Complaint based on
certain terms and conditions, including the entry of a
Consent Judgment in the following form. The Parties jointly
request that this Consent Judgment be entered by the Court.
Facts and Conclusions
considered the matters, IT IS HEREBY ORDERED, ADJUDGED AND
Court has jurisdiction over the subject matter of this action
under 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331,
1338, and 1367.
Court has personal jurisdiction over Defendant MoHala and
venue is proper in this District under 28 U.S.C. § 1391.
Defendant MoHala is a limited liability company established
under the laws of the State of California with its principal
place of business at 215 W. Franklin Street, Floor 3,
Monterey, California 93940.
Plaintiff owns the rights to the trademark ANDERSEN®,
including all rights, title, and interest, together with any
and all goodwill associated therewith, in and to U.S.
Trademark Registration No. ("Reg. No.") 2, 777, 252
for the mark ANDERSEN in connection with "[e]ducational
services, namely, conducting conferences in the fields of
business, " in Class 41, as well as U.S. Reg. No. 3,
913, 520 for the mark ANDERSEN in connection with
"[p]roviding facilities for educational training,
business education and training, and educational conventions,
" in Class 41 (collectively, "ANDERSEN
Registrations"). The ANDERSEN Registrations are in full
force and effect on the PTO's Principal Register and
gives rise to presumptions in favor of Plaintiff with respect
to validity, ownership, and exclusive nationwide rights to
use the ANDERSEN® mark throughout the United States.
Plaintiff has been using the trademark ANDERSEN TAX in U.S.
commerce since at least as early as September 2, 2014 to
promote various services related to tax preparation and
consulting services and financial consulting and advisory
services relating to tax.
Plaintiff also owns registered and common law U.S. trademark
rights in its logo, which consists of an image depicting a
pair of three-panel double doors with a frame encasing both
the top and the sides of the doors (the "Double Doors
Design Mark"). This includes U.S. Reg. No. 5, 078, 595
for the Double Doors Design Mark in connection with various
services related to tax preparation and consulting services
and business management consulting services, in Class 35, and
"financial advice relating to tax planning; financial
consulting and advisory services relating to tax, " in
Class 36. The Double Doors Design Mark registration is in
full force and effect on the PTO's Principal Register and
gives rise ...