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Quality Products, Inc. v. Verka Food Products Ltd.

United States District Court, W.D. Washington, Seattle

May 22, 2019

QUALITY PRODUCTS, INC., a California corporation,, Plaintiff,
v.
VERKA FOOD PRODUCTS LTD., a Canadian company; GAGANDEEP SINGH MATTA, an individual, VERKA FOOD INTERNATIONAL LTD., a Canadian company; and DOES 1 through 10, inclusive, Defendants.

          JUDGMENT

          Marsha J. Pechman, United States Senior District Judge.

         Honorable Marsha J. Pechman Upon consent of Plaintiff Quality Products, Inc.'s (“Quality Products” or “Plaintiff”) and Defendants Verka Food Products, Ltd. (“VFP”), Gagandeep Singh Matta (“Matta”), and Verka Food International, Ltd. (“VFI”) (collectively “Defendants”) and as part of the resolution of all claims asserted in this action between them and pursuant to their Stipulation for Final Judgment and separate written Settlement Agreement, the Court makes the following findings of fact and conclusions of law.

         1. Quality Products is the owner of the VERKA, VERKA DAHI and VERKA PANEER trademarks (collectively, the “VERKA Marks”):

a. No. 4, 438, 391 for the VERKA mark in IC 029 and 030;
b. No. 3, 135, 724 for the VERKA mark in IC 029 (incontestable);
c. No. 2, 810, 753 for the VERKA PANEER mark in IC 029 (incontestable);
d. No. 2, 899, 544 for the VERKA DAHI mark in IC 029 (incontestable)

         2. Quality Products has used the VERKA and VERKA PANEER marks in commerce since at least 2002, and its VERKA DAHI mark since at least 2003 to market its food, and more recently non-food, products. Quality Products' use has been substantially continuous and exclusive.

         3. Beginning in late 2016, Verka Food International, Ltd., owned by Gagandeep Singh Matta began to sell products in the United States that included a trademark bearing the “Verka” name (the “VFI Verka Mark”). Quality Products filed this action as a result of this conduct.

         4. The parties waive the right to appeal the entry of this Judgment or contest the validity of any clause, term, or provision herein in any subsequent proceeding.

         5. The parties have agreed to the entry of a Final Judgment and Injunction pursuant to a Settlement Agreement and stipulation.

         Accordingly, the Court hereby ORDERS, ADJUDGES AND DECREES:

         Injunction

         6. The Defendants and their respective current and future subsidiaries, affiliates, officers, directors, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them or individuals within any Defendant's control ...


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