Summary
noting that the Lanham Act "serves the goal of national uniformity by providing a nationwide floor, assuring the public and trademark owners at least a minimum level of protection."
Summary of this case from TrueNorth Cos. v. TruNorth Warranty Plans of N. Am., LLCOpinion
No. 85-3863 AK (Tx).
April 25, 1991.
Harold L. Jackson, Jackson Law Corp., Tustin, Cal., Richard B. Hoegh, Carlsmith, Ball, Wichman, Murray, Case, Mukai Ichiki, Manuel S. Klausner, Kindel Anderson, Los Angeles, Cal., for plaintiff-counterdefendant Plasticolor Molded Products, Inc.
David C. Hilliard, Craig S. Fochler, Charles R. Mandly, Jr., Pattishall, McAuliffe, Newbury, Hilliard Geraldson, Chicago, Ill., Richard L. Fruin, Jr., Mark S. Lee, Lawler, Felix Hall, Los Angeles, Cal., for defendant-counterclaimant Ford Motor Co.
CONSENT JUDGMENT
This cause, having come before the court for entry of final judgment with the consent of plaintiff-counterdefendant, Plasticolor Molded Products, Inc. ("Plasticolor") and defendant-counterclaimant, Ford Motor Company ("Ford"), the court having been advised in the premises, it is hereby ORDERED, ADJUDGED and DECREED:
1. This court has jurisdiction over the parties and the subject matter hereof.
2. The Court's interlocutory opinion of April 28, 1989, 713 F. Supp. 1329, is hereby vacated.
3. Plasticolor, its officers, agents, servants, employees, attorneys, and all others in active concert or participation with them, without authorization of Ford, be permanently enjoined and restrained from:
(a) using Ford's distinctive trademarks, including FORD, MUSTANG, RANGER, COURIER, BRONCO, PINTO, CAPRI, COUGAR, LINCOLN, MARQUIS, MERCURY, THUNDERBIRD, SABLE, TAURUS, Continental Star Design, Cougar Head Design, Grand Marquis, Crown Victoria Design, LTD Design, Marquis Design, Thunderbird I Design, Thunderbird II Design, in the manufacturing, packaging, distributing, advertising or selling of automobile accessories;
(b) doing any other act or thing likely to confuse, mislead or deceive others into believing that Plasticolor's or its non-genuine merchandise emanate from Ford or are connected with, sponsored by or approved by Ford; and
(c) doing any other act or thing likely to dilute the distinctiveness of Ford's trademarks or to injure Ford's business reputation.
4. The parties shall bear their own costs and attorneys' fees.