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Andersen Tax LLC v. Laffont-Reveilhac

United States District Court, N.D. California, San Francisco Division

April 17, 2017

ANDERSEN TAX LLC, a Delaware limited liability company, Plaintiff,
v.
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.

          COOLEY LLP jcrittenden@cooley.com CHANTAL Z. HWANG (275236) chwang@cooley.com Attorneys for Plaintiff Andersen Tax LLC

          John W. Crittenden Cooley LLP Attorneys for Plaintiff Andersen Tax LLC

          Imad H. Hala CEO Defendant MoHala Enterprises, LLC d/b/a Sundial Consulting

          [PROPOSED] CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT MOHALA ENTERPRISES, LLC D/B/A SUNDIAL CONSULTING

          Edward M. Chen, Judge

         Plaintiff 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 related claims.

         Plaintiff 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.

         Stipulated Facts and Conclusions

          Having considered the matters, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

         1. This 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.

         2. This Court has personal jurisdiction over Defendant MoHala and venue is proper in this District under 28 U.S.C. § 1391.

         3. 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.

         4. 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.

         5. 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.

         6. 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 ...


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