Opinion
ALEXA L. LEWIS, DANIEL A. KOHLER, MITCHELL SILBERBERG & KNUPP LLP, Los Angeles, CA, Attorneys for Plaintiff Boys & Girls Clubs of America, Inc.
ORDER GRANTING PERMANENT INJUNCTION
GEORGE H. WU, District Judge.
Plaintiff Boys & Girls Clubs of America, Inc. ("Plaintiff") and Defendant Boys Club of San Gabriel Valley d/b/a Boys & Girls Club of San Gabriel Valley ("Defendant") having entered into a Stipulation for Entry of Permanent Injunction, and good cause appearing therefor,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is enjoined from:
1) Using or referencing, in the advertisement, marketing, fundraising, promotion, offering for sale, provision, or sale of any programs or services, BGCA's trademarks "BOYS & GIRLS CLUBS, " Registration Number 1, 619, 224, and "BOYS CLUBS OF AMERICA, " Registration No. 720, 143, or any colorable imitations thereof, including but not limited to the following marks: GIRLS CLUBS OF AMERICA, BOYS AND GIRLS CLUB OF AMERICA, BOYS CLUBS and GIRLS CLUBS;
2) Expressly or impliedly representing itself to actual or potential club attendees, donors, grant finders, sponsors, volunteers, community members, or the public as being affiliated with BGCA in connection with the provision, offer, sale, advertisement, marketing, or promotion of Defendant's programs or services or the promotion of its business;
3) Representing by words or conduct that its business or any program or service provided, offered, advertised, sold, or rendered by Defendant is authorized, sponsored, or endorsed by, or otherwise connected with, BGCA; and
4) Otherwise infringing or diluting BGCA's trademarks "BOYS & GIRLS CLUBS" and "BOYS CLUBS OF AMERICA."
The Court further orders as follows:
5) Within 30 days of the entry of this Order, Defendant shall provide to BGCA proof, in writing, that it has changed its name to an entity that does not use, refer to, or resemble the "BOYS & GIRLS CLUBS" or "BOYS CLUBS OF AMERICA" name or mark or that it has dissolved as a legal entity.
6) The Parties agree that BGCA shall retain certain rights with respect to Defendant's failure to fully comply with the provisions of this Order, including the right to seek the contempt powers of the Court; the right to invoke the procedures and/or assistance of law enforcement agencies; and the right to seek modification or amendment of the terms of this Order by the Court.
7) Upon resolution of this action, the Court shall retain jurisdiction for purposes of resolving disputes arising from this Order, modifying the Order, or enforcing compliance with the Order.
8) The effective date of this Order shall be the date upon which it is entered by the Court.
SO ORDERED.