Free Declaration - District Court of California - California

Case 3:07-cv-02391-JAH-POR

Document 26

Filed 02/07/2008

Page 1 of 9

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RONALD MARTINETTI, ESQ. State Bar No.106 898 KAZANJIAN &MARTINETTI 520 East Wilson Avenue Glendale, California 91206 Tel. 818-241-1011 FAX 818-241-2193

Attorneys for Lee's General John Lee

Defendants Toys, Inc.,

and

UNITED STATES DISTRICT

COURT OF CALIFORNIA

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FOR THE SOUTHERN DISTRICT

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CASE. GEORGIA-PACIFIC CONSUMER PRODUCTS LP, a Delaware limit~.. partnership,

NO.07 CV 2391 (JAR POR)
JOHN_LEE 'S -

./'( -~_J_c"DEFENDANT \

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Plaintiff, vs.
LEE'S GENERAL TOYS, INC., corporation, JOHN LEE, an DOES 1-10, a C~lifornia individual;

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DECLARATION IN OPP . TO PRELIMINARY (\ INJUNCTION AND \ IN SUPPORT OF DEFS.' POINTS AND AUTHORITIES

Date:
) and) )

Jan.

28,

08

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Defendants.

(Assigned to J. Houston)

Hon.

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: This
with for

Declaration Memorandum

of of

Defendant Law in
which

John

Lee is to
be

filed Plaintiff's
by

in

connection Request
28.

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his

opposition
is to

Preliminary

Injunction

f1'led

Feb.

Dated:

February

6,

2008

KAZANJIAN & MARTINETTI !RONALD MART~NETTI, ESQ.
BY~ Ronald )/Attorneys :tiJ~~~ Martinettl for Defendants ,

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1

Case 3:07-cv-02391-JAH-POR

Document 26

Filed 02/07/2008

Page 2 of 9

DECLARATION OF JOHN LEE IN OPPOSITION TO PLAINTIFF'S I, John Lee, declare: the outer REQUEST FOR PRELIMINARY INJUNCTION

selling,
or distributing \ Arigelite , tissue (pending the

outcome

informed .ng Angelite
! are

o~r

five tissue
for

major

d~stributors not
Swan

that refill
label

we

and will
sale our

any rewhich is

offering

n

February

4,

-2008

I

wrote

each

of

the

distributors

the General Please not
do

letter: is no longer

"Dear selling

sir

or

Madam,

Please tissue

note products.

that

"Angelite"

be

Please

free
ciate uture."

to your

place

your

ord~rs and look were
that

Ior

"swan" to

toilet working 4,

tissue. together 2008.

We
in

business letters
believe

forward mailed
they

These

on February
have a valid California

Defendants act, in received

trademark

and,

a trademark

from

the

Secretary trademark

of since

2003. has of

Plaintiff slept on its

has

known

about However,

this

and intention as long 5.

rights. any is
attached

Defendants the name

have Angelite

no

further present
ts

marketing lawsuit
are

items pending.
as
-

under

as the
The exhibi

that

Nos :'/ 1 through

5 are

true

2

~

and

exact

copies

of

the

five

letters

I

sent

to

our

distributors

I declare
and
I'\f'

under
unde~
,(

pena.l ty
the Inws of theUhite'dState~ and the state

of perjury

that

the

foregoj.ng

is

true

correct

california. Executed John
'""'
-'--7, "

this Lee

February

6,

2008

at

Ve.

.California

Filed 02/07/2008
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Page 3 of 9

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Document 26

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Case 3:07-cv-02391-JAH-POR

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Case 3:07-cv-02391-JAH-POR

Document 26
Tel: (323) 826-9898 Fax:(323} 826-9733

Filed 02/07/2008

Page 4 of 9

3389 ~CA~

E. SOfH ST

February 4.2008

TG\ Suppl~ Go 121 E. 1B:\Slreet#3 Los Angeles. GA gQO13

Sincerely,

~ \y

\,1'-'

Jor\n Presidnt

Lee

..

Case 3:07-cv-02391-JAH-POR

Document 26
Tel' (323) 826-9898 826-9733 Fax:(323)

Filed 02/07/2008

Page 5 of 9

3389

Eo 50 TH ST

VERNON,CA~

February 4. 2008

Kensco 2802 Vernon. 371!1 Street CA 90053

Dear

Sir or Madam'

Pleese note that General Toys is no longer selling "Angelite" tissue products. Please do nol reorder "Angelite" tissue because these orders will not be filled. Currently, we are selling "Swan" toilet tissue Please feel free to place your orders for "Swan" toilet tissue. We appreciate your business and look forward to working together In the future.
Sincerely,

l' John Lee President

~

Case 3:07-cv-02391-JAH-POR

Document 26

Filed 02/07/2008

Page 6 of 9

Tel. (323) 826-9898 Fax:(323) 826.9733

3389 E. SOTH ST ~CA~

February 4, 2008

Double Bargain Inc 3033 Bandini Blvd Vernon. CA 90023

Dear Sir or Madam Please note that General Toys is no longer selling "Angelite'. tissue products. Please do not reorder "Angeiite'. tissue because these orders will no! be filled, Currently. we are selling "Swan" toilet tissue. Pleese feel free to place your orders for "Swan" toilet tissue. We appreciate your business and look forward to working togetl1er in the future, Sincerely,

I'. .I)~i\'I...k:.. f John Lee

PresiderJt

)

Case 3:07-cv-02391-JAH-POR

Document 26

Filed 02/07/2008

Page 7 of 9

Tel: (323) 826-9898 Fax'l323) 826-9733
3389 E. SOTH ST.

~CA9:X)58

February 4, 2008

Jorge Aceves Contrer~s 2170 Coronado Ave, San Diego, CA 92154

Dear

Sir

or

Madam

P1ease note that General Toys is no longer $elling "Ange!itPJ" tissue products Please do not reorder "Angelite.. tissue beGaLISSthese orders will not be filled. Currently, we are selling "Swan" toilet tissu, Please feel fret 10 place your orders for "Swan" toilet tissue. We appreciate your business and loOk forwarC! to working \ogether in the future Sincerely

John Lee President

y

Case 3:07-cv-02391-JAH-POR

Document 26

Filed 02/07/2008

Page 8 of 9

Tel: (323) 826-9898 Fax:(323) 826-9733
3389 E. SOfH ST

VERIIK)N.CA~

February 4, 2008

TBA Mexican Trade Grocery 1045 Bay Blvd. #A Chula Vista CA 91900

Dear Sir or Madam Please note that General Toys is no longer sellirlg "Angelite" tissue products. Please do not reorder "Angelite" ti5sue because these orders wi/1 not be filled. Currently, we are selling "Swan" toilet tissue. Please feel free to place your orders for "Swan" toilet tISsue. We appreclste your business and look forward to working together in the future. Sincerely, " i i ~~ .;",'\.-. \ John Lee PresIdent

Case 3:07-cv-02391-JAH-POR

Document 26

Filed 02/07/2008

Page 9 of 9

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PROOF OF SERVICE
I am employed in Los Angeles the age of eighteen years and not My business address is 520 East 91206. County, a party Wilson California; to the within Glendale, am over action. California I

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On this date I served Defendant John Lee's Decl. in Preliminary Injunction and in Support of Defs. ' Points thorities (to be filed by Feb. 28)
_by personal -~",,-, by with Office mail delivery placing-",.._cr=c- a postage box at true

Opp. and

to Au-

(to

the

address
thereof "...LL?-."""' prepaid,

below)
enclosed in the addressed in united to: a sealed states

8
envelope

x
Post

copy fully

thereon Glenda:~e,

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"califorrid.a,

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In 1111

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III .J < C Z III .J ~

Stephen swinton, Esq. Latham & Watkins 12636 High Bluff Drive, suite 400 San Diego, California 9213()-2071 Tel. 858-523-5400 FAX 858-523-5450 and via FAX to counsel for Georgia-Pacific Consumer Prod.

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!I. O
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(x)

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(x) BY MAIL I sealed and placed such envelope for collection and mailing to be deposited in the mail on the same day in the ordinary course of business at Glendale, California. I am readily familiar with our law firm's practice of collecting and processing correspondence and documents for mailing. They are deposited with the u.s. Postal Service on the same day as dated, in the ordinary course of business. !/ (State) I declare under penalty of perjury . the State of californ\ia and the vplted States is true and correct. (Federal are also,to be f*led via e-mail~ of the state of California under that the the

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laws of foregoing
(x)

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The papers that

I declare under penalty the foregoing is true Executed this February

of perjury and correct. 6,

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27

2008

at

()ft
Glendale,

California
; ~\ Ai\

91206
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