Stone Mart Corp v. Contractor's Stone Mart LLC et al
| Stone Mart Corp |
| Albert C Maloof, Jr, Lenin Gonzalez, Contractor's Stone Mart LLC and Kelly I Maloof |
| 2:2013cv08062 |
| October 31, 2013 |
| US District Court for the Central District of California |
| Dale S. Fischer |
| Suzanne H. Segal |
| Trademark |
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Filing
19
CONSENT JUDGMENT by Judge Dale S. Fischer in favor of Stone Mart Corp against Contractor's Stone Mart LLC, Lenin Gonzalez Related to: Stipulation for Judgment 18 . ( MD JS-6. Case Terminated ) Defendants Lenin Gonzalez and Contractors Stone M art LLC, and each of their members, partners, officers, agents, servants, employees, and attorneys, and all those in active concert or participation with any of them, are hereby permanently enjoined from: a. using the CONTRACTORS STONE MART name or m ark; b. using any name, mark, logo, or other trade identity that consists in whole or in part of both of the terms stone and mart, with or without additional elements, for retail or wholesale services of stone or tile products, or related goods or se rvices;c. using any other name, mark, logo, trade dress, or other trade identity which is a reproduction, counterfeit copy, or colorable imitation of Stone Marts STONE MART name or mark; d. doing any other act or thing likely to confuse, mislead, or deceive others into believing that Defendants, or their services or products, emanate from Stone Mart Corp. or are connected with, sponsored by, or approved by, Stone Mart Corp.; and e. doing any other act or thing to assist any party in any of the a cts or things proscribed by paragraphs (a) through (d) above. 12. In accordance with 15 U.S.C. § 1118, Defendants Lenin Gonzalez andContractors Stone Mart LLC shall destroy all labels, signs, prints, packages, wrappers, receptacles, and advertis ements in their possession bearing the name and mark CONTRACTORS STONE MART or any other name, mark, or logo comprising, in whole or in part, STONE MART, or any other reproduction, counterfeit, copy, or colorable imitation of Stone Marts STONE MART n ame and mark, with or without other elements, and all plates, models, matrices and other means of making same.As part of compliance with Paragraphs 11 and 12 above, DefendantsLenin Gonzalez and Contractors Stone Mart LLC must take all necessary steps toremove defendants uses of the CONTRACTORS STONE MART name or mark from online advertising, including search engines, business directories (online orotherwise) and social media, including any of defendants social media accounts or websites. Defenda nts are jointly and severally responsible for, and expresslyagree to pay, all costs and fees, including legal fees, that Stone Mart may incur in the future in order to enforce the terms of this Consent Judgment before the Court, including but not lim ited to costs and fees incurred or associated directly or indirectly with filing or otherwise bringing any claim, motion, cause of action, suit, order to show cause or contempt motion for the purposes of enforcing any term or provision of this Consent Judgment, provided that such claim, motion, cause of action, suit, order to show cause or contempt motion is successful. (shb)
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