The Hershey Company et al v. Posh Nosh Imports (USA), Inc.
| Hershey Chocolate & Confectionery Corporation and The Hershey Company |
| Posh Nosh Imports (USA), Inc. |
| 2:2014cv04028 |
| May 27, 2014 |
| US District Court for the Central District of California |
| Audrey B. Collins |
| Alka Sagar |
| Trademark |
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Filing
35
FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Andre Birotte, Jr, in favor of Hershey Chocolate and Confectionery Corporation, The Hershey Company against Posh Nosh Imports (USA), Inc.: THEREFORE, IT IS HEREBY ORDERED that: A. Hershey shall have j udgment in its favor against Posh Nosh. B. Posh Nosh, its officers, directors, agents, employees, servants, attorneys, successors, assigns and others controlling, controlled by or affiliated with defendant and all those in privity or active concert or participation with any of the foregoing (including without limitation each importer, distributor or reseller of defendant's products), and all those who receive actual notice by personal service or otherwise are permanently enjoined: i. fr om using in any media, for any purpose (including, without limitation, importing, distributing, advertising or selling), (a) the REESE'S Trade Dress, the REESE'S Orange Mark, the TOFFEE CRISP trade dress, or any other mark or trade dress co nfusingly similar to or dilutive of the REESE'S Trade Dress or the REESE'S Orange Mark; (b) the YORK mark, the YORKIE mark, or any other mark confusingly similar to or dilutive of the YORK mark; (c) the MALTESER mark, the MALTESERS mark or any other mark confusingly similar to the MALTESER mark; (d) the CADBURY Marks, the CADBURY Trade Dress, or any other mark or trade dress confusingly similar to or dilutive of the CADBURY Marks or the CADBURY Trade Dress; or (e) the KIT KAT Marks, t he KIT KAT Trade Dress, or any other mark or trade dress confusingly similar to or dilutive of the KIT KAT Marks or the KIT KAT Trade Dress; except in connection with genuine REESE'S, YORK, MALTESER, CADBURY or KIT KAT products manufactured or a uthorized by Hershey for sale in the United States; and ii. from otherwise competing unfairly with plaintiffs. C. Posh Nosh shall recall from all chains of distribution all goods, product packaging, product displays, promotional materials, advertise ments, commercials, infomercials and other items, the dissemination by defendant of which would violate the injunction herein requested. D. Posh Nosh shall deliver up for destruction any and all goods, product packaging, product displays, promotional materials, advertisements, commercials and other items in the possession, custody or control of defendant which, if sold, displayed, or used, would violate the injunction herein granted, and shall disable all web sites to the extent they contain a ny content, the display or use of which would violate the injunction herein requested. E. Pursuant to Section 34(a) of the Lanham Act, 15 U.S.C. § 1116(a), Posh Nosh shall serve upon Hershey within thirty (30) days after service on defendant of an order granting an injunction, or such extended period as the Court may direct, a report in writing under oath setting forth in detail the manner and form in which Posh Nosh has complied with the injunction. F. This Court shall retain jurisdiction of this matter for all purposes. (MD JS-6. Case Terminated). (bm)
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