UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON AT SEATTLE 

SHAKESPEARE COMPANY, LLC, 

Plaintiff, 

v. 

SILSTAR CORPORATION OF 

AMERICA, INC., LFS, INC., and 

STEPHEN WILTON d/b/a 

SHINYSCREEN SOLUTIONS INC., 

Defendants. 

Civil Action No. CV-06-0090-RSL 

CONSENT JUDGMENT AND 

PERMANENT INJUNCTION 

 

 Plaintiff Shakespeare Company, LLC (“Plaintiff”) and Defendant Silstar Corporation of 

America, Inc. (“Silstar”) have agreed to settle this matter and, as part of their Settlement 

Agreement, have consented to entry of this Consent Judgment. Therefore, upon the consent of 

the parties, it is hereby ORDERED: 

1. JURISDICTION: This Court has jurisdiction over the subject matter of this action 

and over each of the parties consenting hereto. 

2. NATURE OF ACTION: Plaintiff has filed a Complaint against Silstar alleging 

trademark infringement, trade dress infringement, unfair competition, and false advertising 

arising under the common law and the Lanham Act, 15 U.S.C. § 1051 et seq., and alleging 

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violations of the Washington State Consumer Protection Act, RCW 19.86 et seq. all arising out of 

Silstar’s sale and marketing of the PowerTip Pro fishing rod. Plaintiff’s Complaint also alleged 

trademark infringement, trade dress infringement, and unfair competition against LFS, Inc. 

(“LFS”) based solely on LFS’s distribution and sale of Silstar’s PowerTip Pro fishing rod. 

3. DEFINITIONS: This Consent Judgment is governed by the following definitions: 

(a) “Clear Tip Mark” means a fishing rod that includes (1) a whitish 

translucent (i.e., clear) tip between approximately the end of the rod and the second line 

guide, in combination with (2) an opaque shaft from approximately the second line guide 

down to the rod base, as used on Ugly Stik fishing rods sold and distributed by 

Shakespeare. 

(b) “‘786 Registration” means United States Trademark Registration No. 

1,261,786, issued December 20, 1983 to Shakespeare for the Clear Tip Mark. 

(c) “Red-Gold Diamond Marks” means the diamond weave patterns formed 

by a combination of red and gold lines located on the area of a fishing rod immediately 

above the handle, as currently used on Ugly Stik rods sold and distributed by Shakespeare. 

(d) “Ugly Stik Trade Dress” means the total combination of the Clear Tip 

Mark, in addition to Red-Gold Diamond Marks similar to the current usage on the Ugly 

Stik rods, red and gold bands below each line guide, and dark-colored line guides, as used 

on Ugly Stik fishing rods sold and distributed by Shakespeare. 

(e) “Shakespeare Label” as used herein means the label attached as Exhibit C 

to the Complaint filed in this action. 

(f) “Silstar Hangtag” means the hangtag attached as Exhibit E to the 

Complaint filed in this action. 

4. PERMANENT INJUNCTION: Silstar and its servants, agents, employees, 

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successors and assigns, and all persons acting in concert with them, as of the date of the 

execution of this Order are enjoined from all of the following: 

(a) distributing, selling, marketing, or advertising its PowerTip Pro fishing 

rods that have a Clear Tip or any other mark that is confusingly similar 

to the mark shown by the ‘786 registration with the sole exception that 

until March 31, 2007 Silstar may sell its current Power Tip Pro 

inventory located at 1141 Silstar Road, West Columbia, SC and Silstar 

owned inventories in any of Silstar’s customer’s warehouses, stores, or 

outlets;

(b) except as allowed by this Order, using in any manner Shakespeare’s 

Clear Tip mark (including the mark shown by the ‘786 Registration) or 

any other mark confusingly similar thereto; 

(c) except as allowed by this Order, using in like manner Shakespeare’s 

Red-Gold Diamond Marks or any other mark confusingly similar 

thereto; 

(d) except as allowed by this Order, using in any like manner 

Shakespeare’s Ugly Stik Trade Dress or any other trade dress 

confusingly similar thereto; 

(e) using in any like manner the Silstar Hangtag or any other hangtag 

confusingly similar to the Shakespeare Label; 

(f) except as allowed by this Order, infringing any of Shakespeare’s 

trademarks and trade dress rights identified in this Agreement; 

(g) disseminating, using, or distributing any advertising or promotional 

materials, electronic or otherwise that state or imply that Silstar’s 

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current PowerTip Pro fishing rod contains a graphite core or an 

unbreakable tip; and 

(h) using or disseminating any false or misleading statements as to the 

nature, quality, or characteristics of Silstar’s PowerTip Pro fishing rod. 

The terms of this injunction do not prohibit continued sale of inventory by Silstar’s 

customers or distributors (including LFS) and does not include any obligation to recall any 

product owned by Silstar’s customers. 

5. DISMISSAL: Plaintiff’s Complaint against Silstar is dismissed with prejudice. 

Plaintiff’s Complaint against LFS, which was based solely on LFS’s sale and distribution of 

Silstar’s PowerTip Pro rod, is dismissed with prejudice. Silstar’s Counterclaim against Plaintiff 

is dismissed with prejudice. 

6. Each party shall be responsible for its own costs and attorneys fees in this action. 

AGREED AND ACCEPTED AS TO TERMS AND CONDITIONS: 

Plaintiff Shakespeare Company, LLC: 

Dated: April 10, 2006 By: __/s/________________________________ 

J. Christopher Carraway, admitted pro hac vice

chris.carraway@klarquist.com 

KLARQUIST SPARKMAN, LLP 

121 S.W. Salmon Street, Suite 1600 

Portland, Oregon 97204 

Telephone: 503-595-5300 

Facsimile: 503-595-5301 

Cindy Caditz, WSBA No. 16,701 

cindy.caditz@klarquist.com 

KLARQUIST SPARKMAN, LLP 

999 Third Avenue, Suite 4200 

Seattle, Washington 98104 

Telephone: 206-264-2960 

Facsimile: 206-624-2179 

Attorneys for Plaintiff Shakespeare Company, LLC 

Defendant Silstar Corporation of America, Inc.: 

Case 2:06-cv-00090-RSL Document 16 Filed 04/17/06 Page 4 of 5
Dated: April 10, 2006 __/s/________________________________

Adele Conover 

MILLER NASH LLP 

601 Union Street, Suite 4400 

Seattle, Washington 98101-1367 

Phone: 206-622-8484 

Fax: 206-622-7485 

Attorneys for Defendant Silstar Corporation of 

America, Inc. 

Defendant LFS, Inc.: 

Dated: April 10, 2006 __/s/ by Chris Carraway with permission___

Brian G. Bodine 

brianbodine@dwt.com DAVIS WRIGHT TREMAINE LLP 

2600 Century Square 

1501 Fourth Avenue 

Seattle, Washington 98101-1688 

Phone: 206-628-7623 

Fax: 206-903-3723 

Attorneys for Defendant LFS, Inc.

IT IS SO ORDERED. 

 Robert S. Lasnik 

 United States District Judge

DATED this 17th day of April, 2006. 

A

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