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The Courts Issue an Injuction Against ClimbX

posted by dpm on 01/27/2011

The courts intervened last week placing an injunction on ClimbX and Joe Garland after allegedly copying Mad Rock’s entire 2009 product line.
 
 
Today, Mad Rock released this press release. The injunction (Case No.: CV10-6977 SJO (JEMx) and signed by Judge S. James Otero) ordered Climb X to comply with the following orders:
 
Defendants CLIMB X GEAR, LLC, an Oregon limited liability company; CLIMB X, a Nevada corporation; JOSEPH GARLAND, an individual; and DOES 1 through10, inclusive, and each of them, and their respective officers, shareholders, agents, servants, employees, representatives and attorneys, and all those in concert or participating with them, or through them, be and hereby are restrained, during the pendency of this action, from engaging in, committing or performing, directly or indirectly, any of the following:
 
1. Using any Marks or any other confusingly similar phrase, designation or mark which is a colorable imitation of or is confusingly similar to Plaintiff’s Mad Rock Mark and/or Science Friction Mark in connection with the manufacture, production, advertising, distribution, offering for sale or sale of goods not originating from Plaintiff or authorized by Plaintiff.
 
2. Representing in any manner or by any method whatsoever that goods provided by any of the Defendants are sponsored, approved, authorized by or originated from Plaintiff.
 
3. Representing in any manner that CLIMB X GEAR is a continuation of Plaintiff and/or Mad Rock, and/or that Defendant JOSEPH GARLAND was a cofounder of Mad Rock.
 
4. Representing in any manner that any product of any of the Defendants is the exact same product as any product of Plaintiff and/or Mad Rock products.
 
5. Representing in any manner or by any method whatsoever that goods provided by any of the Defendants meet CE Certification, when they do not do so.
 
Case 2:10-cv-06977-SJO -JEM Document 39 Filed 01/26/11 Page 3 of 5 Page ID #:1100