Opinion
KIMBERLY D. HOWATT, TIMOTHY P. LINDELL, GORDON & REES LLP, San Diego, CA, Attorneys for Plaintiff CHOICE HOTELS INTERNATIONAL, INC.
LAW OFFICES OF KIRK RIMMER, KIRK RIMMER, Attorney for Defendant SHRI LAXMI NARYAN HOSPITALITY GROUP OF SACRAMENTO, INC.
LAW OFFICES OF STEPHAN PARSHALL STEPHAN PARSHALL, Attorney for Defendant WATKINS/SACRAMENTO INN, LLC
STIPULATION AND JOINT MOTION FOR ENTRY OF PERMANENT INJUNCTION
JOHN A. MENDEZ, District Judge.
Plaintiff Choice Hotels International, Inc. ("Plaintiff" or "Choice Hotels") and Defendants Shri Laxmi Naryan Hospitality Group of Sacramento, Inc. ("SLNH Group") and Watkins/Sacramento Inn, LLC ("Watkins") hereby submit the following stipulation and joint motion for entry of a Permanent Injunction.
1. Choice Hotels, SLNH Group, and Watkins (collectively the "Parties") have entered into an agreement settling their disputes and hereby stipulate to the entry of this Stipulated Permanent Injunction.
2. Plaintiff owns the CLARION® family of marks identified in Plaintiff's Complaint filed herein. (Dkt. No. 1). The CLARION® family of marks are valid and distinctive. Pursuant to 15 U.S.C. §§ 1114 & 1125(a) and federal and state common law trademark rights, Plaintiff seeks to, among other things, enjoin SLNH Group and Watkins (together "Defendants") from the unauthorized use or contribution to the use of the CLARION® family of marks in commerce.
3. Entry of a permanent injunction will achieve the purposes of the Lanham Act and federal and state common law related to trademark infringement, including protection of the ownership and integrity of the CLARION® family of marks and protection of the public from confusion in the marketplace.
4. The Parties have reached a settlement agreement concerning all other matters in controversy.
IT IS SO STIPULATED
ORDER
Having been stipulated to by and between the Parties and for good cause having been shown:
1. Permanent Injunction. Defendants, including each of their respective agents, employees, officers, and representatives, and all those in active concert or participation with them, are permanently, and forever ENJOINED from using or contributing to the use of Plaintiff's CLARION® family of marks as identified in the Complaint filed herein (Dkt. No. 1), or any similar marks, without the consent of Choice Hotels. The Court further ORDERS Defendants to deliver to Plaintiff any items in their possession, custody, or control bearing any of the CLARION® family of marks. The Court further ORDERS Defendants to file a sworn statement of compliance as provided in 15 U.S.C. §1116(a).
2. Non-Appealability. This Stipulated Permanent Injunction is final and may not be appealed by any party.
It is SO ORDERED.