Free Motion for Leave to File - District Court of California - California

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

Document 18

Filed 01/23/2008

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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 E-Mail [email protected]

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Attorneys for Lee's General John Lee

Defendants Toys, ~nc.,

and

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UNITED STATES DISTRICT
FOR THE SOUTHERN

COURT

DISTRICT-.Q:&!-.CALIFORNIA

CASE. 11
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NO.07 CV 2391 (JAR POR)

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DEFENDANTS'MOTION I FOR LEAVE TO FILE A DECLARATION OF JOHN LEE IN REBUT~AL Plaintiff, I TO PLAINTIFF'S REPLY V5. STATING THAT THE DISPUTE RE TRO IS MOOT IN THAT DEFLEE'S GENERAL TOYS, INC., a California. ENDANTS HAVE REMOVED corporation, JOHN LEE, an individual; and) THE OFFENDING ANGELITE DOES 1-10. .WRAPPING FROM THE ) TISSUE PAPER Defendants. .Date: January 28, 08 .Time : 2 : 3 0 pm Judge: Hon. J. Houston /1 TO ALL PARTI.ES_ANQpTHEIR"AT~TQRNE.XS-,OI-BECORD: ,"'-

GEORGIA-PACIFIC CONSUMER PRODUCTS LP, a Delaware limited partnership, .)(

Defendants move Rebuttal this Motion As set Toys, its Inc. entire the
Court

Lee's
for

General
leave to

Toys,
file

Inc.

and John

Lee respectfully
of John

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a Declaration

Lee

in

to

Plaintiff's as Exhibit 1.

Reply.

The declaration

is

attached

to

forth

in

Mr.

Lee's

declaration, removed tissue 59,520 paper

Defendant outer and has

Lee's wrappings

General
from

has voluntarily stoGk of Angelite

no intention

of

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Case 3:07-cv-02391-JAH-POR
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Document 18

Filed 01/23/2008

Page 2 of 6

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during

ormoving,

wraphowever,
, reserve the right to sell plain white tissue

paper

or ping

to

re-wrap which is not

the

plain

white Lee's

rolls General

with Toys,

Swan tissue Inc. also

paper markets

wrapand

Defendant in

which

controversy. voluntarily
California

Defendants
that
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have

taken

this

action
in the

despite
name and
is now

the

fact

they

have

a valid

trademark

Angelite.

Defendants
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respectfully
should be denied

submit

that

the
/

TRO

temporary
moot and

inj

unction

since,,","the""c9ntroversy

fIll-> 111~< U
there relief; damages
Dated:

is

no threatened any remedy that

harm to Plaintiff is

Plaintiff has at

to this

justify point at is

injunctive one for

and therefore
January 21,

there
2008

an adequate

remedy

law.

KAZANJIAN & MARTINETTI RONALD MARTINETTI, ESQ.

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

Document 18

Filed 01/23/2008

Page 3 of 6

'~-~ ~-RONALD MARTJ:NET'rX, BSQ . State Bar No.106 898 KAZANJIAN & MARTINETTI 520 East Wilson Avenue Glendale, California 91206 Tel. 818-241-1011 FAX 818-241-2193 E-Mail [email protected]

Attorneys for Lee's General Jahn Lee

Defendants Toys, Inc.,

and

UNITED STATES DISTRICT FOR THE SOUTHERN DISTRICT

COURT OF CALIFORN7A

--,-~~--~,._i'CASE.
ID O .. z I/)~ ~~ v< b:1: ... o~ ~z 0(01( -'" z

NO.07 (JAR

CV FOR)

"~ 2391

GEORGIA-FACIFIC

CONSUMER

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PRODUCTS partnership, Plaintiff,

LP,

a Delaware

!imited

i'. vs. , LEE'S GENERAL TOYS, INC., corporation, JOHN LEE, an DOES !-1.0, Defendants.

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a Cali~ornia individual;

) DECLARATION OF ) JOHN LEE IN REBUTTAL ) TO PLAINTIFF'S ) REPLY ) ) Date: January 28, 08 ) Time: 2:30 pm ) Judge: Hon. J. Houston ) and) ) ) )

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DECLARATION -I, John
I am

OF JOHN nereby
defendant

LEE

IN

REBUTTAL

TO PLAINTIFF'S

REPLY

Lee,
a

decrare:in th~ present ac~ion, along

1.
General

with Toys

LAAIS

Toys, with

Inc. the

I

am the day to

president day

of

Lee's

Ganaral

and

am familiar
2. In

operations.

2003 Lee's

General

Toys received

a

valid

California

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

Document 18

Filed 01/23/2008

Page 4 of 6

trademark sells 2
9~~e~ and

in

the

name Angelite.
bathroom This tissue

Under
paper has

this
in

name,
California challenged

the
~ by

company ether Georgia-

markets

~~.d ~~e~i~~

trademark

been

3 Pacific 4 mark. 6 3.
6

which

claims

a superior right ,.. '~~---~~.

in

tbe

Angel

Soft

trade-

In

removal
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the last few days, .'~I -have orde~ed and .s-
supervised stock in of our is no

the Angewaremore from

lite 8 house, 9 Anqelite

tissue

including tissue

There is

warehouse

and none

on order

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China.
11

4.
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ID O N

until Lee's

this General selling,

action Toys

is

completed, any

I have

no of

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intention, importing, transporting
wrapping.
~' are stored --, in

nor dis-

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does
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have

intention,

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tributing, and/or
--~ 5. At

shipping, any

purchasing,
with
tiss1ie

moving, the ~pgelite -,
~c rolls

exporting
present,

tissue " ~ a er S'"1 &-t'I
I ~~.=-~-, white

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-, , the,5-l,~O

our

warehouse
mark in the ly reserve

in Vernon.
name the Swan right

Lee. s Ge~er,al

Toys,

~nc.

has a val id

trade-

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which is not in to re-wrap the to .,; market the

controversy. ~r-,25& ~q,S-.).o white 7 L white , tissue

We respectfultissue rolls rolls

with

Swan

wrapping--or

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Although

without and

since white they

the rolls

name Swan is are generic, to

not

in

controversy, respectfully items

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Defendants market these

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submit avoid 6. mark

should

be allowed

(and

hardship).
Defend~nts believe .that they have a valid

tradefurther asthe-

in

the
ariy

name Angelite,
~"1 terns

they

have

no

intention
i te

of long

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marketing present

und&r"'E1i~~a~'-:Angn

as

lawsuit

is

pending.
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1

I

declare

under

penalty

of

perjury

that

the

foreqoinq

is

+'1"1]~

2 ,r the
nf

and laws of the United States and th~ state California.
Executed
~,

correct

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thlS January .
J.~

2008 Vernon, California

at

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Filed 01/23/2008

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Document 18

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

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Case 3:07-cv-02391-JAH-POR
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Document 18

Filed 01/23/2008
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PROOF OF SERVICE I am employed in Los Angeles County, C~lifornia; I am over the age of-eighteen years and-~no.t-a-paF.t¥~"-to the wi thin c-action~ My business address is 520 East wilson Glendale, California 91206.
On this Decl. of J.
_by

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5 date Lee I in served Rebuttal
delivery

Defendants' Motion for to Plaintiff's Reply

Leave

to

File

a

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personal

(to

the

address

below)
enclosed in a in the United addressed to: sealed States

x
placing envelope with PQstage Post Office mail box by a true copy thereof thereon fully prepaid, at Glendale, California,

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Stephen swinton, Esq. Latham & Watkins 12636 High Bluff Drive, Suite 400 San Diego, California 92130-2071 Tel. 858-523-5400 FAX 858-523-5450
gnd via F~X _tQ. £ou.I)§el f~~i.9,~~t:{~ Consumer P+,og._(X)

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15 (x) BY MAIL I sealed and placed such envelope for collection and mailing to be deposited ir "the mail 9n 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. 1/, ' -,

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l8 19 laws of foregoing
(x)

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(Stat~) the state is true (Federal are

I declare under penalty of perjury of California and the united states and correct.

under that

the the

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The papers
I that

also

to

be filed
of and
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via
perjury correct.

e-mail.
of the state of California

declare under the foregoing

penalty is true

/'( Californra~-g--r206~

Executea

tnfsc

J'anuary~'~ale,

..

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