United States District Court, C.D. California, Western Division
FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION,
AGAINST PACKAGING SYSTEMS, INC. AND DISMISSAL OF CLAIMS BY
PACKAGING SYSTEMS, INC. WITH PREJUDICE
OTIS
D. WRIGHT, II UNITED STATES DISTRICT JUDGE
The
Court, pursuant to the Stipulated Dismissal with Prejudice of
Claims by Packaging Systems, Inc. and Entry of Judgment with
Permanent Injunction Against Packaging Systems, Inc.
(“Stipulation”), entered into by and between the
parties, hereby ORDERS, ADJUDICATES and
DECREES that final judgment shall be and hereby is
entered on the claims in the action as follows:
A.
Permanent Injunction.
PACKAGING
SYSTEMS, INC. (“PSI”), its representatives,
shareholders, members, managers, officers, directors,
employees, partners, subsidiaries, affiliates, divisions,
parents, predecessors, successors, insurers, and assigns and
all those acting in concert with or participating with any of
the foregoing are enjoined from:
i. any use of, in the United States or anywhere else in the
world, any PPG Mark or any trademark, service mark, trade
dress, corporate name, trade name, domain name, or any other
designation that is likely to cause confusion with respect
to, or that constitutes a colorable imitation of, any PPG
Mark; and
ii. any repackaging or other alteration or modification of
PPG aerospace sealant, obtained from any source; except that
iii. such injunction shall not apply to any activities
expressly permitted by PPG Industries, Inc., PRC-DeSoto
International, Inc., and PPG Industries Ohio, Inc.
(“PPG Plaintiffs”) in writing in connection with
any Settlement Agreement.
B.
Destruction of Materials.
Within
thirty days of entry of this Consent Judgment, PSI shall
destroy i) all inventory of repackaged PPG aerospace sealant
bearing any PPG Mark or any confusingly similar trademark,
service mark, trade dress, product configuration, design,
logo, name or domain, ii) all packaging, labels, signs, line
cards, advertisements, electronic media, or other materials
bearing any PPG Mark or any confusingly similar trademark,
service mark, trade dress, product configuration, design,
logo, name or domain used or designed to be used in
connection with repackaged PPG Aerospace Sealant, and iii)
any templates or other means of making any of the foregoing
items that cause such items to bear any PPG Mark or any
confusingly similar trademark, service mark, trade dress,
product configuration, design, logo, name or domain used or
designed to be used in connection with repackaged PPG
Aerospace Sealant, in each case to the extent in the
possession or under the control of PSI or anyone acting in
concert with it anywhere in the world.
C.
Recognition of Rights.
PSI
recognizes and agrees not to challenge, contest, oppose, seek
to cancel, or otherwise object to PPG Plaintiffs' use of,
registration of, and/or rights in any of the PPG Marks and/or
any confusingly similar variations thereof, or to voluntarily
assist any third party in challenging, contesting, opposing,
seeking to cancel, or otherwise objecting to PPG
Plaintiffs' use of, registration of, and/or rights in any
of the PPG Marks and/or any confusingly similar variations
thereof, including, without limitation, challenging the
ownership, validity, or enforceability thereof.
D.
Dismissal with Prejudice of PSI Claims.
All PSI
Claims, as defined in the Stipulation, are dismissed
WITH PREJUDICE in their entirety.
E.
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