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Friday, August 22, 2014 1:52:41 PM
"2014 - Nestles issue is resolved, we will not be offering any wonka bars anymore until our proposal is re-written and sent to Nestles board of directors in Switzerland. We will still offer the Nestles wonka candy products on our website. "
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123456789101112131415161718192021222324252627283.That defendants are ordered to transfer all ownership and control of the domain name wonkachocolates.com to plaintiff or its designee forthwith;4.That defendants and their agents, employees, representatives, subsidiaries,successors-in-interest, and all other persons, firms or entities acting in concert orparticipation with them, directly or indirectly, and who have actual notice of this judgment, are hereby permanently enjoined from: (a)Registering, trafficking in, owning or using any domain name, website, orinternet based video and/or audio that incorporates the trademark W
ONKA
®,as well as any domain name that is confusingly similar to the trademark;(b)Manufacturing, advertising, distributing, marketing, promoting, offering forsale, and/or selling in commerce chocolate and/or candy products using theword “W
ONKA
” and/or any word, design, logo, depiction, trademark, orother packaging of chocolate and/or candy products likely to cause confusion with the W
ONKA
® trademarks registered under Registration Nos. 2642865,2298681, 4179340, and 4293553;(c)Manufacturing, advertising, distributing, marketing, promoting, offering forsale, and/or selling in commerce chocolate and/or candy products using adepiction, design or representation of any kind of a top hat and/or a “Golden Ticket” and/or any word, design, logo, depiction, trademark, or otherpackaging of chocolate and/or candy products likely to cause confusion withthe W
ONKA
® common law trademark top hat and/or “Golden Ticket”designs;(d)Examples of products that violate the prohibitions set forth in paragraphs4(b) and 4(c) above include, but are not limited to the following designs:
2
Case 2:13-cv-06754-MMM-AS Document 25 Filed 05/13/14 Page 2 of 4 Page ID #:331
12345678910111213141516171819202122232425262728(e)Manufacturing, advertising, distributing, marketing, promoting, offering forsale, and/or selling in commerce the chocolate and/or candy productsdescribed in paragraphs 4(b) through 4(d) above in such a manner so as tosuggest that any such products have any affiliation with or the sponsorshipof plaintiff Nestlé U.S.A., Inc. or any of its affiliated entities;(f)Assisting, aiding or abetting any other person or business entity in engagingin or performing any of the activities referred to in paragraphs 4(a) through4(e), above; and(g)Effecting assignment or transfers, forming new entities or associations or utilizing any other device for the sole purpose of circumventing or otherwiseavoiding the prohibitions set forth above in paragraphs 4(a) through 4(f)above.5.That defendants and their agents, employees, representatives, subsidiaries,successors-in-interest, and all other persons, firms or entities acting in concert orparticipation with them, directly or indirectly, and who have actual notice of this judgment, are hereby ordered to destroy all packaging and confusingly similarpackaging (including all different flavors of fudge bearing similar packaging)
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Case 2:13-cv-06754-MMM-AS Document 25 Filed 05/13/14 Page 3 of 4 Page ID #:332
12345678910111213141516171819202122232425262728depicted in paragraph 4(d), above, in their possession, custody, or control, and toreport the destruction to plaintiff Nestlé U.S.A., Inc.’s counsel within 30 days of entry of this judgment.6.That defendants and their agents, employees, representatives, subsidiaries,successors-in-interest, and all other persons, firms or entities acting in concert orparticipation with them, directly or indirectly, and who have actual notice of this judgment are hereby ordered immediately to contact all of their agents, distributors,retailers, and other resellers of the products depicted in paragraph 4(d), above, andother products with confusingly similar packaging (including all different flavorsof fudge bearing similar packaging), and inform them in writing that such productsare not to be sold and must be returned to defendants immediately for destruction. Defendants shall provide copies of all such communications to counsel for plaintiff Nestlé U.S.A., Inc. within 30 days of entry of this judgment.7.That the action be, and hereby is, dismissed.DATED: May 13, 2014 MARGARET M. MORROW UNITED STATES DISTRICT JUDGE
http://www.scribd.com/doc/225071411/Nestle-USA-Inc-v-Gunther-Grant-Inc-Et-Al-Doc-25-Filed-13-May-14
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