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Specialized Bicycle Components, Inc. v. 17 No.L-Own

United States District Court, S.D. Florida

August 18, 2017

Specialized Bicycle Components, Inc., Plaintiff,
v.
17 No.l-Own, and others, Defendants.

          CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT NUMBER 36

          ROBERT N. SCOLA, JR. UNITED STATES DISTRICT JUDGE

         This matter is before the Court on the Plaintiff's Motion for Entry of Consent Final Judgment and Permanent Injunction as to Defendant Number 36 (ECF No. 38). The Court has carefully considered the Plaintiffs Motion, the record, and is otherwise fully advised in the premises.

         Plaintiff Specialized Bicycle Components, Inc. ("Plaintiff) and against Defendant, KERRWL (Defendant number 36) a/k/a Xuedai Chen ("Defendant"), stipulate and consent to the following:

         WHEREAS, the Defendant adopted and began using trademarks in the United States that infringe and dilute the distinctive quality of the Plaintiffs various registered trademarks as identified in Paragraph 14 of the Plaintiffs Complaint (ECF No. 1) and Schedule "B" thereto (the "Specialized Marks");

         WHEREAS, the Defendant's use of names and marks which incorporate one or more of the Specialized Marks is likely to cause confusion as to source or origin;

          WHEREAS, the parties desire to settle and have amicably resolved their dispute to each of their satisfaction; and

          WHEREAS, based upon the Plaintiff's good faith prior use of the Specialized Marks, the Plaintiff has superior and exclusive rights in and to the Specialized Marks in the United States and any confusingly similar names or marks.

         Accordingly, it is ordered and adjudged that the Plaintiff's motion (ECF No. 38) is granted. Judgment is hereby entered in favor of the Plaintiff and against the Defendant as follows:

         1. The Defendant and his officers, agents, servants, employees and attorneys, and all persons in active concert and participation with them are hereby permanently restrained and enjoined from intentionally and/or knowingly:

A. manufacturing or causing to be manufactured, importing, advertising, promoting, distributing, selling or offering to sell counterfeit and infringing goods bearing the Specialized Marks;
B. using the Specialized Marks in connection with the sale of any unauthorized goods;
C. using any logo and/or layout which may be calculated to falsely advertise the services or products of the Defendant as being sponsored by, authorized by, endorsed by, or in any way associated with the Plaintiff;
D. falsely representing the Defendant as being connected with the Plaintiff, through sponsorship or association;
E. engaging in any act which is likely to falsely cause members of the trade and/or of the purchasing public to believe any goods or services of the Defendant are in any way endorsed by, ...

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