Opinion
Case No. 2:14-cv-06752-JFW-MAN
05-12-2015
LEAPFROG ENTERPRISES, INC., a Delaware corporation, Plaintiff, v. NAVYSTAR COMPANY LTD., a Hong Kong Corporation; VICTOR G. PETRONE & SON, INC., a California Corporation, Defendants.
Robert N Phillips (SBN 120970) Email: robphillips@reedsmith.com Reed Smith LLP 101 Second Street Suite 1800 San Francisco, CA 94105-3659 Telephone: +1 415-543-8700 Facsimile: +1 415-391-8269 Stuart A Shanus (SBN 188046) Email: sshanus@reedsmith.com Dominique Pietz (SBN 260716) Email: dpietz@reedsmith.com Reed Smith LLP 1901 Avenue of the Stars, Suite 700 Los Angeles, CA 90067 Telephone: +1 310 734 5200 Facsimile: +1 310 734 5299 Attorneys for Plaintiff Otto O. Lee (SBN 173987) olee@iplg.com Kevin Viau (SBN 275556) kviau@iplg.com Bonnie J. Wolf (SBN 284872) bonniewolf@iplg.com INTELLECTUAL PROPERTY LAW GROUP LLP 12 South First Street, 12th Floor San Jose, California 95113 Telephone: (408) 286-8933 Facsimile: (408) 286-8932 Attorneys for Defendants
Robert N Phillips (SBN 120970)
Email: robphillips@reedsmith.com
Reed Smith LLP
101 Second Street Suite 1800
San Francisco, CA 94105-3659
Telephone: +1 415-543-8700
Facsimile: +1 415-391-8269
Stuart A Shanus (SBN 188046)
Email: sshanus@reedsmith.com
Dominique Pietz (SBN 260716)
Email: dpietz@reedsmith.com
Reed Smith LLP
1901 Avenue of the Stars, Suite 700
Los Angeles, CA 90067
Telephone: +1 310 734 5200
Facsimile: +1 310 734 5299
Attorneys for Plaintiff
Otto O. Lee (SBN 173987)
olee@iplg.com
Kevin Viau (SBN 275556)
kviau@iplg.com
Bonnie J. Wolf (SBN 284872)
bonniewolf@iplg.com
INTELLECTUAL PROPERTY LAW GROUP LLP
12 South First Street, 12th Floor
San Jose, California 95113
Telephone: (408) 286-8933
Facsimile: (408) 286-8932
Attorneys for Defendants
FINAL JUDGMENT
Judge John F. Walter
Upon consideration of the parties' Stipulation for Entry of Consent Judgment and Final Judgment, and good cause appearing therefore, it is HEREBY ADJUDGED ORDERED AND DECREED that final judgment is hereby entered as follows:
1. The Parties have reached an amicable settlement of this action. Neither the Parties' settlement nor Stipulation for Entry of Consent Judgment shall be considered an admission of fault or liability by any Party;
2. Plaintiff is the owner of the distinctive and protectable trade dress, examples of which are attached hereto as Exhibit A, containing all of the following non-functional elements (the "Alleged Trade Dress"):
a. A distinctive green background comprising most of the package;
b. A bright orange circular shape, with white lettering inside, indicating the recommended age of product users;
c. An irregularly shaped green circle with white shading and green text for the LeapFrog name; and
d. Bubble style lettering, in orange, blue and white, for the product name;
3. Defendants have previously shipped to and sold to companies in the United States, including in this District, educational products for children using packaging, examples of which are attached hereto as Exhibit B (the "Accused Trade Dress");
4. Defendants represent and warrant that their last shipment of products bearing the Accused Trade Dress to the United States took place on October 15, 2014;
5. Defendants and their partners, officers, agents, servants, employees, owners, representatives and all other persons, firms or corporations in active concert or participation with Defendants, shall immediately cease and permanently refrain from making (or having made), using, importing, offering for sale, or selling anywhere any products bearing the Accused Trade Dress;
6. The Final Judgment shall be enforceable upon entry. The Parties hereby waive findings of fact, conclusions of law, a statement of decision and any right to set aside the Final Judgment, appeal therefrom, seek a new trial, or otherwise contest the validity of the Final Judgment;
7. This Court shall retain jurisdiction to enforce the terms of the Parties' settlement agreement, and resolve any disputes regarding compliance with the Final Judgment. Each party shall bear its own fees and costs. Date: May 12, 2015
/s/_________
HONORABLE JOHN F. WALTER
UNITED STATES DISTRICT COURT JUDGE