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`HLED
`CLEB_K_,_ll.S. DISTRICT COURT
`
`'
`
`Case 2:10-cv-08347-CAS-JEM Document 57 Filed 06/01/12 Page 1 of 3 Page ID #:297
`Case :lO—cv—08347—CAS—JEM Document 57 Filed 06/01/12 Page1of3 Page |D#:297
`
`PANASONIC CORPORATION, a corporation duly :
`organized and existing under the laws of Japan,
`'
`
`Case No. CV10-08347-CAS (JEMX)
`
`Plaintiff,
`
`VS-
`
`MCH OFFICE SUPPLIES CORPORATION d/b/a
`MAMBO TRADING; SIERRA IMAGING
`CORPORATION, et al.,
`
`3 FINAL JUDGMENT BETWEEN
`; PANASONIC CORPORATION, SIERRA
`- IMAGING CORPORATION AND HIU
`‘ K. KWOK INCLUDING PERMANENT
`:
`’
`: INJUNCTION ON CONSENT
`
`Defendants.
`
`
`
`This Court having jurisdiction over the plaintiff Panasonic Corporation (“Panasonic”) and the
`
`defendants Sierra Imaging Corporation and Hiu K. Kwok (together, the “Sierra Defendants”); and
`
`Panasonic being the owner of the PANASONIC trademark which is the subj ect of
`
`registrations in the U.S. Patent and Trademark Office including, inter alia, U.S. Trademark-
`
`Registration No. 1,3 92.840 for developers and toners in International Class 1; and U.S. Trademark
`
`Registration No. 3,460,193 for ink film for facsimile machines and ink ribbon cassettes in
`
`International Class 2; and
`
`Good cause appearing therefor, and there being no just reason for delay, the Court hereby
`
`orders that this Final Judgment and Permanent Injunction on Consent between Panasonic and the
`
`Sierra Defendants (“Final Judgment”) be entered in the within Action as follows:
`
`ORDERED, that Sierra Defendants, their agents, servants, employees, officers, and all
`
`persons in active concert and participation with them, are hereby permanently enjoined as follows:
`
`512531.]
`
`
`
`CENTRAL 0,3,
`
`
`..MB_Y_...,..__
`
`0, WORMA
`
`.........4..........___
`DEPUTY
`
`
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`WESTERN DIVISION AT LOS ANGELES
`
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`Case 2:10-cv-08347-CAS-JEM Document 57 Filed 06/01/12 Page 2 of 3 Page ID #:298
`Case :lO—cv—08347—CAS—JEM Document 57 Filed 06/01/12 Page2of3 Page |D#:298
`
`1.
`
`From knowingly possessing,
`
`receiving, manufacturing, distributing, advertising,
`
`promoting, returning, offering for sale or otherwise disposing of in any manner (including without
`
`limitation by returning the same to its source), holding for sale or selling any toner cartridges, goods,
`
`labels, tags, logos, signs, and other forms of markings, any packaging, wrappers, pouches, containers
`
`and receptacles, and any catalogs, price lists, promotional materials and the like bearing a copy or
`
`colorable imitation of the PANASONIC trademark;
`
`2.
`
`From knowingly using any logo, trade name or trademark which may be calculated to
`
`falsely represent or which has the effect of falsely representing that the services or products of Sierra
`
`1
`
`2
`
`3
`
`4
`
`5
`6
`
`7 8
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`9
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`10 Defendants are sponsored by, authorized by, or in any way associated with Panasonic;
`
`11
`
`12
`
`13
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`3.
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`4.
`
`From knowingly infringing the PANASONIC trademark;
`
`From unfairly competing with Panasonic by partaking in the following actions:
`
`14
`
`falsely representing that the Sierra Defendants are authorized Panasonic dealers; or mislabeling
`
`goods or packaging such that non-Panasonic goods appear to be genuine Panasonic goods;
`
`5.
`
`From falsely representing themselves as being connected with Panasonic or
`
`sponsored by or associated with Panasonic;
`
`6.
`
`From knowingly using any reproduction, counterfeit, copy, or colorable imitation of
`
`the PANASONIC trademark in connection with the publicity, promotion, sale, or advertising of
`
`goods sold by Sierra Defendants including, without limitation, toner cartridges bearing a copy or
`
`colorable imitation of the PANASONIC trademark;
`
`7.
`
`From affixing, applying, annexing, or using in connection with the sale of any goods,
`
`a false description or representation, including words or other symbols tending to falsely describe or
`
`represent such goods as being those of Panasonic and from offering such goods in commerce;
`
`15
`
`16
`17
`
`18
`
`19
`
`20
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`27
`
`28
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`512531.]
`
`

`
`Case 2:10-cv-08347-CAS-JEM Document 57 Filed 06/01/12 Page 3 of 3 Page ID #:299
`Case :lO—cv—08347—CAS—JEM Document 57 Filed 06/01/12 Page3of3 Page |D#:299
`
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`8.
`
`From using any trademark or trade name in connection with the sale of any goods
`
`which may be calculated to falsely represent such goods as being connected with, approved by or
`
`sponsored by Panasonic; and
`
`It is FURTHER ORDERED that the Sierra Defendants will not advertise, offer for sale, sell,
`
`distribute, or promote any toner cartridges or any other goods bearing the PANASONIC trademark
`
`unless such goods were obtained from Panasonic directly or were obtained from authorized
`
`distributors, wholesalers, or resellers of Panasonic goods, which distributors, wholesalers, and
`
`resellers were identified to the Sierra Defendants by Panasonic.
`
`And it is FURTHER ORDERED that neither the execution of nor performance under the
`
`within Judgment shall be deemed or construed to be an admission of any fact,
`
`liability or
`
`wrongdoing on the part of Sierra Defendants.
`
`And it is FURTHER ORDERED that the Action by Panasonic against the Sierra Defendants
`
`,«.5LZ &.
`
`yder
`Honorable Christina A.
`United States District Court Judge
`
`is otherwise DISMISSED .
`
`IT IS SO ORDERED.
`
`DATED:
`
`Will;
`
`512531.l