Opinion
Case No.: CV 10-8992 AHM (AGRx)
11-15-2011
ALLIED 100, LLC, Plaintiff, v. OPUS MEDICAL SERVICES, INC., a California Corporation, OPUS MEDICAL PRODUCTS, an unknown business entity, and CRAIG BRALY, an individual, Defendants.
MARCIA A. DEVON DEVON & ASSOCIATES Attorney for Plaintiff ALLIED 100, LLC.
MARCIA A. DEVON
DEVON & ASSOCIATES
Attorney for Plaintiff
ALLIED 100, LLC.
PERMANENT INJUNCTION
Plaintiff Allied 100, LLC. ("Plaintiff) having commenced the present action including Lanham Act claims [15 USC 1051,1125 et seq.] for infringement of a Federally-registered trademark, infringement of a registered U.S. Copyright, False Designation of Origin, Common Law trademark infringement and Unfair Competition seeking an injunction and other relief against Defendants Opus Medical Services, Inc., dba Opus Medical Products and Craig Braly, ("Defendants").
Defendants having entered into a Settlement Agreement with Plaintiff and having stipulated to entry of this Permanent Injunction prohibiting further use of the trademark which includes the words "Aedmegastore", the use of Plaintiff's heart logo trademark and the use of any and all of Plaintiffs proprietary imagesincluding those appearing on Plaintiff's copyrighted website.
Good Cause Appearing, IT IS HEREBY ORDERED :
1. Defendants, their agents, employees and representatives, and all persons acting in concert or in privity with any of them, are permanently enjoined from using "Aedmegastore."
2. Defendants, their agents, employees and representatives, and all persons acting in concert or in privity with any of them, are permanently enjoined from the use of Plaintiffs heart logo trademark, U.S. Registration No. 3,799,385.
3. Defendants their agents, employees and representatives, and all persons acting in concert or in privity with any of them, are permanently enjoined from using any and all of Plaintiff s proprietary images, including, but not limited to, Plaintiff's proprietary images displayed on Plaintiff's copyrighted website.
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United States District Judge