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BALDWIN PIANO, INC. v. DEUTSCHE WURLITZER GMBH

United States District Court, N.D. Illinois


February 23, 2004.

BALDWIN PIANO, INC., Plaintiff,
v.
DEUTSCHE WURLITZER GMBH d/b/a WURLITZER JUKEBOX COMPANY, Defendant

The opinion of the court was delivered by: JAMES ZAGEL, District Judge

INJUNCTION ORDER

This action came on for hearing before the Court on Plaintiff's motion for partial summary judgment on its trademark infringement and unfair competition claims pleaded in Count I and II of the Complaint, and the evidence and issues presented having been fully considered, and a decision having been duly rendered,

It is hereby ORDERED, ADJUDGED AND DECREED that Defendant, its officers, directors, subsidiaries, affiliates, agents, servants, employees, attorneys, representatives and all persons acting or claiming to act on their behalf or under their direction or authority, and all persons acting in concert or in participation with Defendant, are permanently enjoined from:

  a. using any WURLITZER Registered Trademarks or any reproduction, counterfeit, copy, or colorable imitation of any WURLITZER Registered Trademarks in connection with the sale, offering for sale, distribution, servicing or advertising of jukeboxes or any goods or services in any manner that is likely to confuse the public into believing or create the false impression that such goods or services are approved or sponsored or authorized by or are affiliated or otherwise connected Page 2 with Baldwin, or otherwise infringing any of the WURLITZER Registered Trademarks;

 

b. representing in any manner or by any method whatsoever that any products or services offered and sold by the Defendant are approved or sponsored or authorized by or are affiliated or otherwise connected with Baldwin;
c. using any false designations of origin, false or misleading descriptions of fact, and false or misleading representations of fact relating to any product or service falsely associating Defendant with Baldwin or the WURLITZER Registered Trademarks; and
d. engaging in any false advertising regarding any purported relationship between Defendant and Baldwin.
  It is further ORDERED, ADJUDGED AND DECREED that Defendant, within thirty days after service of judgment with notice and entry thereof upon it, be required to file with the Court and serve upon Plaintiffs attorneys a written report, under oath, setting forth in detail the manner in which defendant has complied with the provisions of this Injunction.

  There being no just reason for delay of enforcement, the Court directs entry of this Injunction.

20040223

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