Opinion
2:19-cv-03555-CBM-MAA
06-30-2021
MACSPORTS, INC., Plaintiff, v. CMT (U.S.A.) INDUSTRIAL, INC., and DOES 1-10, inclusive, Defendants.
MUSICK, PEELER & GARRETT LLP Whit Bivens Attorneys for Plaintiff MacSports, Inc. WANG IP LAW GROUP, P.C., Tommy SF Wang* Attorneys for Defendant CMT (U.S.A.) Industrial, Inc.
MUSICK, PEELER & GARRETT LLP Whit Bivens Attorneys for Plaintiff MacSports, Inc.
WANG IP LAW GROUP, P.C., Tommy SF Wang* Attorneys for Defendant CMT (U.S.A.) Industrial, Inc.
ORDER RE STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION [40] [JS-6]
HON. CONSUELO B. MARSHALL, United States District Judge.
STIPULATION
Plaintiff MacSports Inc. (“MacSports”), and Defendant CMT (U.S.A.) Industrial, Inc. (“CMT”) (collectively, the “Parties”), jointly stipulate as follows:
WHEREAS, MacSports filed suit against CMT alleging claims for multiple causes of action based on or relating to, among other things, CMT's alleged use of MacSports' Universal Product Code (“UPC”) company prefix licensed from GS1 U.S. (hereinafter the “Lawsuit”);
WHEREAS, this Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1338, 15 U.S.C. § 1121 and the principles of pendant jurisdiction;
WHEREAS, venue in this district is proper pursuant to 28 U.S.C. § 1391(b). Service was properly made against CMT and it does not contest service or jurisdiction;
WHEREAS, the Parties entered into a settlement agreement as of January 26, 2021 (“Settlement Agreement”), which requires entry of the stipulated judgment set forth herein;
WHEREAS, in the interests of resolving this dispute, the Parties consent to the entry of judgment as follows:
1. That judgment be entered in favor of MacSports against CMT on all claims.
2. For the purposes of binding preclusive effect on CMT as to future disputes with respect to the Lawsuit or Settlement Agreement between CMT and MacSports, CMT admits the following:
a. MacSports is now, and has been at all times since the date of issuance, the owner or exclusive licensee of MacSports' Universal Product Code (“UPC”) company prefix (both with and without the preceding zero (0) and of all rights thereto and thereunder as well as the owner or exclusive licensee of the Amazon Standard Identification Numbers associated with MacSports' products (collectively, the “MacSports IP”).
b. CMT, by its actions described in the Complaint, has committed trademark infringement and false designation of origin in association with its use of the MacSports IP and derivations thereof.
4. CMT, and those in active concert with it, including its agents, servants, employees, officers, directors, shareholders, attorneys, independent contractors and partners are permanently enjoined in the United States from using any MacSports IP and from encouraging or assisting any third party to do the same (collectively, the “Injunction”).
5. CMT is bound by the Injunction regardless of whether MacSports assigns or licenses its MacSports IP to another for so long as such intellectual property rights are subsisting. The Injunction inures to the benefit of MacSports' successors, assignees, and licensees.
6. For damages, costs and fees incurred by MacSports for CMT's trademark infringement and false designation of origin and in association with CMT's unauthorized use of the MacSports IP, CMT agrees to pay One Hundred Thousand Dollars and Zero Cents ($100, 000.00) (the “Money Judgment”) to MacSports in six installments of $16, 666.67. CMT shall make the first payment within five (5) business days after the Effective Date of the Settlement Agreement. CMT shall make the remaining five (5) payments no later than the 15th day of each month beginning in February of 2021. Payment of the Money Judgment is to be made by wire transfer as detailed in the Settlement Agreement.
7. This Court shall retain jurisdiction to enforce this stipulated judgment and Injunction by way of contempt or otherwise.
8. The Parties waive any rights to appeal this stipulated judgment, including without limitation the Injunction.
9. This document shall be deemed to have been served upon CMT at the time of its execution by the Court.
SO ORDERED.
SO STIPULATED AND RESPECTFULLY SUBMITTED: