Opinion
Case No. C 03-05566 CRB
April 30, 2004
FINAL JUDGMENT AND INJUNCTION
IT IS HEREBY ORDERED, ADJUDGED, and DECREED as follows:
Judgment is hereby entered in favor of Plaintiff CSL, L.L.C. and against Defendants Imperial Building Products, Inc. and Imperial Brush Co., Ltd. on the terms set forth below:
1. Defendants and their officers, agents, servants, employees, attorneys and those persons in active concert or participation with them or on their behalf who receive actual notice of this Final Judgment and Injunction by personal service or otherwise, excluding retailers of the products that are the subject of this injunction, the retailers' agents, and wholesalers and distributors of the products, provided the aforementioned are not acting in active concert or participation with or on behalf of defendants, are hereby restrained and enjoined in the United States for a period of five years from the date of entry of this Final Judgment and Injunction from representing that the artificial log product that is the subject of this action and was sold by the Defendants in the United States prior to the entry of this Final Judgment and Injunction (the "Current Fire Log Product") or falsely representing that any artificial log product offered in the future in the United States (the "Future Fire Log Product"):
(a) helps eliminate dangerous creosote in a chimney;
(b) helps prevent chimney fires;
(c) contains powdered combustion catalysts;
(d) aids in the loosening and breaking away of hard, scaly or glazed creosote deposits;
(e) lowers the combustion point of the creosote and soot deposits in a chimney flue by up to 500°F or
(f) is a chimney cleaning log.
2. Further, Defendants are enjoined from using the mark "SUPERSWEEP" on the Current Fire Log Product and on a Future Fire Log Product, unless such Future Fire Log Product has the demonstrated capability to remove or reduce creosote in chimneys and/or aid in the loosening and breaking away of creosote deposits.
3. This Final Judgment and Injunction shall have no effect on Plaintiff's claims for trademark and trade dress infringement, which claims having been previously dismissed without prejudice by this Court.
4. This Final Judgment and Injunction shall have no effect on Defendants' defenses to Plaintiff's claims for trademark and trade dress infringement, nor shall it have any effect on Defendants' counterclaims, which claims having been previously dismissed without prejudice by this Court.
5. Except as set forth above, Plaintiff shall not be awarded any further equitable or legal relief on its claims in this action, including any recall of the Current Fire Log Product.
6. Each party shall bear its own attorneys' fees and costs in connection with this action.
7. This Final Judgment and Injunction only has full force and effect in the United States and its territories.
8. The Court shall retain jurisdiction over this action for the purposes of enforcing, construing, clarifying, and modifying this Final Judgment and Injunction, and punishing violations thereof.
9. The Clerk of the Court is directed to give notice of entry of this Final Judgment and Injunction by Consent to the parties' respective counsel of record pursuant to Rule 77(d) of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.