Kreaton Juicery Inc v. Eiman Shekarchi et al

Filing 44

JUDGMENT AND PERMANENT INJUNCTION by Judge Dolly M. Gee: Upon Stipulation 43 , it is therefore ORDERED, ADJUDGED, AND DECREED that: Defendants Eiman Shekarchi and April Heidarian and their respective agents, servants, employees, heirs, assigns, and all other persons acting in concert with or in participation with them are hereby permanently restrained and enjoined re the Kreation Mark, etc. Plaintiff Kreation Juicery, Inc.'s claims against Defendants are hereby dismissed with prejudice, wi th each party to bear its own costs and attorneys fees. The Final Pretrial Conference on 1/20/2015 and the Jury Trial on 2/17/2015 are hereby VACATED. The Clerk is ordered to return the bond in the amount of $7,500 to Kreation. See document for details. (MD JS-6. Case Terminated). (gk)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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KREATION JUICERY, INC.,

Case No.: CV 14-658-DMG (ASx)

Plaintiff,

JUDGMENT AND
PERMANENT INJUNCTION
[43]

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v.
EIMAN SHEKARCHI et al.,
Defendants.

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JUDGMENT AND PERMANENT INJUNCTION

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Plaintiff Kreation Juicery, Inc. (Kreation) and defendants Eiman Shekarchi

2 and April Heidarian (erroneously named as April Shekarchi) have entered into a
3 settlement agreement resolving their dispute in its entirety and have stipulated,
4 with the approval of the Court, to the entry of the permanent injunction and an
5 order of dismissal of this entire action with prejudice as set forth below. It is
6 therefore ORDERED, ADJUDGED, AND DECREED that:
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1.

The Court has jurisdiction over the parties and the subject matter of this

8 action.
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2.

Kreation owns a valid and enforceable trademark for the term “kreation”

10 in connection with restaurant and café services (the “Kreation Mark”).
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3.

Kreation owns valid and enforceable trade dress in its distinctive living

12 wall as described in paragraphs 30 and 47 of its Complaint (the “Kreation Trade
13 Dress”).
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4.

Defendants Eiman Shekarchi and April Heidarian and their respective

15 agents, servants, employees, heirs, assigns, and all other persons acting in concert
16 with or in participation with them are hereby permanently restrained and enjoined
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a) Using the Kreation Mark or any confusingly similar name in

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connection with their current or future business activities;

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b) Using any living walls confusingly similar to the Kreation Trade

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Dress in connection with their current or future business activities;

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c) Registering, using, or trafficking in any domain name that is identical

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or confusingly similar to the Kreation Mark; and

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d) Assisting, aiding, or abetting any person or business entity in

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engaging in or performing any of the activities referred to in

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subparagraphs (a) through (c) above.

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5.

This Stipulated Judgment and Permanent Injunction is final and may not

28 be appealed by any party.
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JUDGMENT AND PERMANENT INJUNCTION

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The Court shall retain jurisdiction to enforce this Stipulated Judgment

2 and Permanent Injunction and the parties’ settlement agreement.
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Kreation’s claims against Defendants are hereby dismissed with

4 prejudice, with each party to bear its own costs and attorneys’ fees.
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8.

The Final Pretrial Conference on January 20, 2015 and the Jury Trial on

6 February 17, 2015 are hereby VACATED.
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The Clerk is ordered to return the bond in the amount of $7,500 to

8 Kreation.
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IT IS SO ORDERED.

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12 DATED: December 2, 2014
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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cc: Fiscal Services

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JUDGMENT AND PERMANENT INJUNCTION