Case 3:14-cv-00773-AC

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Filed 12/16/14

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

TOO MARKER PRODUCTS, INC., and

IMAGINATION INTERNATIONAL,
INC.,

Case No.: 3:14-cv-00773-AC

Plaintiffs,
v.

FINAL JUDGMENT BY CONSENT

AND PERMANENT INJUNCTION

ALVIN AND COMPANY, INC.,

Defendant.
ACOSTA, Magistrate Judge:
Based on the record in this case, the parties' resolution of their differences in accordance
with a fully executed settlement agreement, and the parties' consent and stipulation to the entry
of the following judgment:
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that:
1.

This comt has jmisdiction over the parties to this action and over the subject

matter of this action.

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Case 3:14-cv-00773-AC

2.

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This Final Judgment by Consent and Permanent Injunction is subject to all terms

of the Settlement Agreement (the "Settlement Agreement") dated as ofNovembcr 6, 2014,

entered into by and between plaintiffs Too Marker Products, Inc. ("Too Marker") and
Imagination Intemational, Inc. ("Imagination International"), on the one hand (collectively,
"Plaintiffs"), and defendant Alvin and Company, Inc. ("Alvin & Co."), on the other hand.
3.

Too Marker is the owner of U.S. Trademark Registration No. 3,629,617 and U.S.

Trademark Registration No. 4, 113,852, and Imagination International is the exclusive United
States distributor for Too Marker of Too Marker's COPIC line of markers.
4.

U.S. Trademark Registration No. 3,629,617 and U.S. Trademark Registration No.

4, 113,852 arc valid and enforceable as to Alvin & Co., Too Marker, and Imagination
Internal ional.
5.

Alvin & Co., and its officers, directors, agents, servants, employees, affiliates,

successors, and assigns are permanently enjoined, in the United States, from (a) selling; (b)
offering to sell; (c) advertising or marketing as being available for sale (including by means of
any website controlled, operated, maintained, or accessible in the United States, unless such
website prominently and clearly stales that such product is not offered or available for sale in the
United States); (d) delivering, or (e) otherwise using in commerce, contributing to the use in
commerce of, or actively inducing the use in commerce of, the following: Any marker having a
configuration that is identical to, or not more than colorably different from, the configuration of
any "Heritage A-Line" marker sold or offered for sale by Alvin & Co. in the Un.ited States prior
to November 6, 2014.
6.

Except as otherwise provided in this Final Judgment by Consent and Permanent

Injunction, this action is hereby dismissed with prejudice, without fees or costs to any party.

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7.

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This comt shall retain continuing subject matter and personal jurisdiction for the

pmposes of conslrning or enforcing the terms of this final Judgment by Consent and Permanent
Injunction, and the Settlement Agreement between the parties, or for resolving any other dispute
arising hereunder.
8.

There shall be no appeal from this Final Judgment by Consent and Permanent

Injunction.
Dated this

./
/#{/"
day of December, 2014.

Ice

JOHN
ACOSTA
United '1Jtcs Magistrale Judge
SUBMITTED BY:
STOLL STOLL BERNE LOKTING
& SHLACHTER P.C.

By: sfrimolhy S. Delong

Timothy S. DeJong, OSB No. 940662
Email: tdejong@stollberne.com
Jacob S. Gill, OSB No. 033238.
Email: jgill@stollberne.com
209 S.W. Oak Street, Suite 500
Portland, Oregon 97204
Telephone:
(503) 227-1600
Facsimile:
(503) 227-6840
Attorneys for Plaintiffs

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