Opinion
CASE NO.: C 05 02553 MEJ.
December 23, 2005
DORSEY WHITNEY LLP David J. Brezner (SBN 38,420) Diane J. Mason (SBN 168202) San Francisco, CA, Attorneys for Central Garden Pet Company.
John Yarmoski Attorney for Defendant Sin Win USA, Inc. Law Offices of John Yarmoski.
ORDER RE: STIPULATED DISMISSAL; ORDER CLOSING FILE
Plaintiff Central Garden Pet Company (Central Garden) filed the above-captioned lawsuit against SinWin USA, Inc., d/b/a Island Pets (SinWin), in which Central Garden alleges trademark infringement, unfair competition, and dilution under federal and California law against SinWin in connection with its distribution, marketing and sales of pet supply products under marks containing the term ISLAND, including ISLAND PETS, ISLAND AQUATICS, ISLAND DOG, ISLAND CAT, ISLAND BIRD, and ISLAND FUR BALLS ("ISLAND MARKS"), which action is presently pending before the U.S. District Court, Northern District of California. SinWin has not yet filed an answer to the complaint.
Plaintiff Central Garden and Defendant SinWin have settled their differences with respect to the matters in dispute. On the consent of the parties and their attorneys, and good cause having been shown:
IT IS HEREBY ORDERED, ADJUDICATED AND DECREED:
That all claims are dismissed without prejudice.
IT IS SO ORDERED.