Reyes

PepsiCo, Inc. v. Reyes

Good Law

70 F. Supp. 2d 1057·1999 WL 803736·21 I.T.R.D. (BNA) 1925·50 U.S.P.Q. 2d (BNA) 1696·1999 U.S. Dist. LEXIS 2840

United States District Court, Central District of CaliforniaFebruary 3, 1999SACV98-1137-GLT (EEx)California1,736 words

Opinion

Taylor, J.

FINAL JUDGMENT

I. INTRODUCTION

Plaintiff, PepsiCo, Inc. (“PepsiCo”), brought this Action on September 29, 1998, against defendant, Martin Reyes d/b/a Concha’s Produce (“Concha’s Produce”), to prevent the unlawful importation and sale of foreign manufactured soft drinks bearing PepsiCo’s PEPSI trade marks. The parties stipulate to the following findings of fact and conclusions of law, and consent to entry of a permanent injunction as set forth below. Accordingly, the court enters the following:

II. FINDINGS OF FACT

PepsiCo is engaged in the manufacture, promotion, sale and distribution of soft drinks under its famous trademarks PEPSI-COLA, PEPSI, its red, white and blue logo, and combinations of variations on this logo with PEPSI-COLA and PEPSI throughout the United States and abroad (“PEPSI marks”).

PepsiCo has registered the PEPSI marks in the United States Patent and Trademark Office. The registrations with numbers 824,150; 824,151; 824,153; 956,-179; 957,017; and 1,747,889, are valid and subsisting, are owned by PepsiCo, and have become incontestable in accordance with 15 U.S.C. §§ 1065 and 1115(b). The PEPSI marks with registration numbers 1,795,191 and 1,796,481 also are…

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