Forgiato Inc v. Elite Wheel Warehouse Miami Inc et al
| Forgiato Inc |
| Kamran Milani, Hooman Milani, Hamed Ed Milani, L and B Forged, Jose Gutierrez, Elite Wheel Warehouse Miami Inc, Elite Wheel Distributors Inc, Dynasty Customs, Does, Brian Douglas Del La Vara, Kenneth De La Vara, Carrera De La Vara, Carmen Maria De La Vara, Brian's Auto Accessories Inc, Amani Forged Inc, PJ Milani, Milani Ventures LLC, Rennen International, Daniel Tallon, Rick Vancomo, WTW Car Accessories Miami and WTW Car Accessories No 2 Fort Lauderdale |
| 2:2013cv05012 |
| July 12, 2013 |
| US District Court for the Central District of California |
| Paul L. Abrams |
| John A. Kronstadt |
| Trademark |
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Filing
62
PERMANENT INJUNCTION AND JUDGMENT filed by Judge John A. Kronstadt againstDefendants All Defendants. IT IS HEREBY ORDERED, ADJUDGED, and DECREEDthatJudgment is hereby entered in favor of Forgiato, as follows: As to Brians Auto, L&B, De La Vara and Re nnen 1. Forgiato shall have and recover $164,700 from Brians Auto, L&B, and De La Vara, jointly and severally; 2. Forgiato shall have and recover $105,300 from Rennen; 3. Forgiato shall have and recover $26,773 in attorneys fees and &# 036;1,920.85 in costs from Brians Auto, L&B, De La Vara, and Rennen, jointly and severally. Brians Auto, L&B, De La Vara, and Rennen, and their respective officers, agents, servants, employees, attorneys, confederates, and all persons acting for, wit h, by, through or under them (the Representatives) are hereby permanently enjoined and retrained as follows: Brians Auto, L&B, De La Vara, and Rennen and their Representatives shall not use in any manner federally registered trademarks owned by Forgi ato, Forgiato (U.S. Registration No. 85546593), (U.S. Registration No. 85516642), and Forgi(U.S. Registration No. 85503524) (collectively, the Forgiato RegisteredTrademarks), in connection with the sale or advertising of products not authorized by Fo rgiato. Brians Auto, L&B, De La Vara, and Rennen shall not pass off any product not produced and approved by Forgiato as one that wasproduced by Forgiato. Pursuant to the Milani Order and Exhibit A referenced in Paragraph 6 therein the Milani Defenda nts, their agents, servants, employees, representatives, confederates, affiliates and any other persons or entities acting in concert or participation with them, are permanently enjoined and restrained from: selling any Forgiato products, in any mann er; from usingin any manner the Forgiato Registered Trademarks, alone or in combination with any word or words which so resemble each said trademark as to be likely to causeconfusion, or to cause mistake or to deceive on or in connection with theadve rtising, offering for sale or re-sale, sale or re-sale of any product not Forgiatos or not authorized by Forgiato to be sold or re-sold in connection with each of the Forgiato Registered Trademarks; If Forgiato discovers any other entities or persons not identified on the Customer List who purchased counterfeit or fake Forgiato wheels and/or wheel products from the Milani Defendants, which the Milani Defendants.~~-. acqllireac-from any source other than Forgiato, including, but not limited to p roducts bearing the Forgiato Registered Trademarks, the Milani Defendants, shall pay toForgiato $2,500 for each such undisclosed counterfeit or fake product (e.g., if Forgiato discovers that any of the Milani Defendants sold four (4) fake Forgia to wheels to any person or entity not identified on the Customer List, the Milani Defendants shall pay Forgiato $10,000 ($2,500 for each fake Forgiato product)); The Milani Defendants shall pay to Forgiato $45,000 within seven (7) days of the Milani Defendants being given a copy of the Stipulation bearing the signature of Forgiatos authorized representative; IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that this Court shall retain jurisdiction to the extent necessary to enforce this Injunction and Judgment, and to determine any issues that may arise hereunder. (See order for details). (MD JS-6, Case Terminated) (shb) (shb) (Main Document 62 replaced on 4/1/2014) (shb).
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