Opinion
21-CV-551
10-13-2021
WEIFANG TENGYI JEWELRY TRADING CO., LTD Plaintiff, v. THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE “A” Defendants.
WEIFANG TENGYI JEWELRY TRADING CO., LTD. L. Ford Banister, II Bar No. 5446539 Ford Banister IP Attorney for Plaintiff DEFENDANTS NO. 118: SEMANTICSEARCHLTD Adam E. Urbanczyk AULLC Attorney for Defendants SemanticSearchLtd and dealsdirect-ca
WEIFANG TENGYI JEWELRY TRADING CO., LTD.
L. Ford Banister, II
Bar No. 5446539
Ford Banister IP
Attorney for Plaintiff
DEFENDANTS NO. 118: SEMANTICSEARCHLTD
Adam E. Urbanczyk
AULLC
Attorney for Defendants SemanticSearchLtd and dealsdirect-ca
Susan E. Cox, Magistrate Judge
Honorable Matthew F. Kennelly United States District Judge
EXHIBIT ONE
CONSENT JUDGMENT AND PERMANENT INJUNCTION
WHEREAS, the Court granted Plaintiff's motion for a preliminary injunction against the Defendants, including Defendants No. 118: SemanticSearchLtd, and No. 16: dealsdirect-ca on May 24, 2021 and enjoined Defendants from continued and unauthorized use of the ULOVEIDO Trademark;
WHEREAS, Plaintiff and Defendants No. 118: SemanticSearchLtd, and No. 16: dealsdirect-ca, have agreed to resolve the above-captioned litigation, and any potential claim by Plaintiff pursuant to 15 U.S.C. § 1114 & 1125(a), and 815 ILCS § 510, et. seq.; and
WHEREAS, the Parties have agreed to entry of a Consent Judgment and Permanent Injunction on the following terms, and the Defendants No. 118: SemanticSearchLtd, and No. 16: dealsdirect-ca have agreed not to appeal any part of this stipulated Consent Judgment and Permanent Injunction;
NOW THEREFORE IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
1. Judgment is hereby entered against Defendants No. 118: SemanticSearchLtd, and No. 16: dealsdirect-ca and in favor of Plaintiff in the above-captioned case.
2. Defendants No. 118: SemanticSearchLtd, and No. 16: dealsdirect-ca, and their respective officers, agents, servants, employees, and attorneys, and all those acting in concert with them, are permanently enjoined and restrained from:
a. using Plaintiff's ULOVEIDO Mark or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution. marketing, advertising, offering for sale, or sale of any product that is not a genuine ULOVEIDO product or not authorized by Plaintiff to be sold in connection with Plaintiff's ULOVEIDO Mark;
b. passing off, inducing, or enabling others to sell or pass off any product as a genuine ULOVEIDO product or any other product produced by Plaintiff, that is not Plaintiff's or not produced under the authorization, control or supervision of Plaintiff and approved by Plaintiff for sale under Plaintiff's ULOVEIDO Mark;
c. committing any acts calculated to cause consumers to believe that Defendants' products are those sold under the authorization, control or supervision of Plaintiff. or are sponsored by, approved by, or otherwise connected with Plaintiff;
d. further infringing Plaintiff's ULOVEIDO Mark and/or damaging Plaintiff's goodwill;
e. otherwise competing unfairly with Plaintiff in any manner; and/or
f. shipping, delivering, holding for sale, transferring or otherwise moving, storing, distributing, returning, or otherwise disposing of, in any manner, products or inventory not manufactured by or for Plaintiff, nor authorized by Plaintiff to be sold or offered for sale and which bear Plaintiff's ULOVEIDO trademark or any reproductions, counterfeit copies, or colorable imitations thereof.
3. Defendants No. 118: SemanticSearchLtd, and No. 16: dealsdirect-ca shall give prompt notice of this Consent Judgment and Permanent Injunction to each of their respective officers, agents, servants, employees, and attorneys, and all those acting in concert with them. The Defendants have waived notice and service of entry of the Consent Judgment and Permanent Injunction, and have agreed that violation of the Consent Judgment and Permanent Injunction will expose the Defendants to all penalties provided by law. The Defendants have also agreed not to appeal or otherwise attack the validity or enforceability of the Consent Judgment and Permanent Injunction.
4. Any claims for attorneys' fees and costs related to this Litigation and incurred through the date of entry of this Consent Judgment and Permanent Injunction have been resolved between the parties and are hereby disposed of by this Order. Nothing herein shall be construed to prohibit Plaintiff from seeking attorneys' fees and costs in connection with any actions taken to enforce this Consent Judgment and Permanent Injunction in the future.
5. The Court shall maintain continuing jurisdiction over this action for the purpose of enforcing this Consent Judgment and Permanent Injunction. Plaintiff is authorized to seek to enforce the terms of this Consent Judgment and Permanent Injunction, and shall be entitled to reasonable attorneys' fees and costs incurred for any action to enforce the terms of this Consent Judgment and Permanent Injunction based on the Defendant's failure to comply, in any way, with its obligations set forth herein.
IT IS SO ORDERED.
The foregoing Consent Judgment and Permanent Injunction has been agreed and consented to by the parties.