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Automotive Racing Products, Inc. v. Mission Trading Company, Inc.

United States District Court, C.D. California

June 29, 2017

AUTOMOTIVE RACING PRODUCTS, INC., a California corporation, Plaintiff,
v.
MISSION TRADING COMPANY, INC., a California corporation, Defendant.

          ORDER ENTERING PERMANENT INJUNCTION AND DISMISSING CASE WITH PREJUDICE

          HON. MICHAEL W. FITZGERALD, UNITED STATES DISTRICT JUDGE

         Pursuant to the Stipulated Permanent Injunction and Stipulation of Dismissal submitted by the Parties, the Court hereby enters the following order:

         STATEMENT OF FACTS

         1. ARP owns U.S. Federal Trademark Registration No. 1, 472, 833 for “ARP” for high performance metal fasteners, namely bolts, studs, washers, and nuts used primarily in the automotive racing industry, which was placed on the Principal Register on January 19, 1988. This registration is incontestable under the provisions of the Lanham Act, and is valid and enforceable.

         2. ARP also owns valid, enforceable, unregistered, common law trademark rights under both state and federal law for “ARP” in connection with a wide variety of automotive parts, as it has been selling the same for many years.

         3. ARP contends that it also owns valid, enforceable, unregistered, common law trademark rights under both state and federal law in “250-4202” as a product designator for its Ford 6.0L Powerstroke Diesel Head Stud Kit, which ARP has successfully manufactured, offered for sale, and sold a kit with a product designator “250-4202” since at least as early as 2005.

         4. ARP filed a Complaint and thereafter a First Amended Complaint against MTC alleging, inter alia, claims for trademark infringement. MTC denies all allegations in ARP's Complaint and First Amended Complaint.

         WHEREFORE, IT IS HEREBY ORDERED AND DECREED AS FOLLOWS:

         1. That this Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 1338(a), 1338(b), 1367, and 15 U.S.C. § 1121;

         2. Effective immediately, Mission Trading Company, Inc., a California corporation, as well as its owners, officers, directors, affiliates, agents, representatives, employees, assigns, successors-in-interest, parents, subsidiaries, joint venturers, and any person, entity, or association claiming by, through, or under them, or operating in active concert with them, shall immediately and permanently cease throughout the world:

a. using the “ARP” mark, or any mark confusingly similar thereto, in connection with any automotive products;
b. dealing in any automotive products bearing the “ARP” mark, or any mark confusingly similar thereto; or,
c. otherwise using or dealing in any products within the natural zone of expansion from automotive products bearing the “ARP” mark, or any mark confusingly similar thereto, with “dealing in” in each of the above sub-paragraphs to be given its broadest reasonable meaning, and to include at least use, manufacture, import, distribute, market, advertise, internet display, publicly display, trade show display, offer to sell and/or sell;

         3. Effective immediately, Mission Trading Company, Inc., a California corporation, as well as its owners, officers, directors, affiliates, agents, representatives, employees, assigns, successors-in-interest, parents, subsidiaries, joint venturers, and any person, entity, or association claiming by, through, or under them, or operating ...


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