Amnesia International, LLC v. Weho Nightlife Group, Inc.

Filing 32

STIPULATED JUDGMENT, INCLUDING PERMANENT INJUNCTION 31 by Judge Dolly M. Gee. IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: The Stipulation 31 shall be, and hereby is, approved; 2. Defendants, together with their affiliates, and all other persons in active concert or participation with them, are each immediately and permanently enjoined and restrained. (See attached document for details.) (MD JS-6. Case Terminated) (lom)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 AMNESIA INTERNATIONAL, LLC,
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Case No.: CV 14-8010-DMG (AJWx)

Plaintiff,
STIPULATED JUDGMENT,
INCLUDING PERMANENT
INJUNCTION [31]

vs.

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WEHO NIGHTLIFE GROUP, INC.;
SKWS ENTERPRISES, INC.; and
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Defendants.

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STIPULATED JUDGMENT, INCLUDING PERMANENT INJUNCTION
CASE NO.: CV-14-8010

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Having considered the Stipulation For Entry Of Judgment, Including a

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Permanent Injunction by and between Plaintiff Amnesia International, LLC

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(“Plaintiff”), on the one hand, and Defendants Weho Nightlife Group, Inc. and

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SKWS Enterprises, Inc. (“Defendants”), on the other hand, and good cause appearing

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therefor,

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IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

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1.

The Stipulation shall be, and hereby is, approved;

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2.

Defendants, together with their affiliates, parents and subsidiaries,

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principals, agents, shareholders, members, partners, directors, officers, employees,

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attorneys and all other persons in active concert or participation with them, are each

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immediately and permanently enjoined and restrained from doing any of the

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following:

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(a)

Any and all use of Amnesia’s STORY Mark, Amnesia’s STORY

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Logo Mark, any mark incorporating Amnesia’s STORY Mark, and any mark

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confusingly similar to Amnesia’s STORY Mark and/or Amnesia’s STORY Logo

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Mark, including but not limited to, “STORY SUNDAYS” and “STORY SUNDAY.”

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(b)

Any and all use of Amnesia’s STORY Mark, Amnesia’s STORY

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Logo Mark, any mark incorporating Amnesia’s STORY Mark, and/or any mark

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confusingly similar to Amnesia’s STORY Mark and/or Amnesia’s STORY Logo

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Mark, including but not limited to, “STORY SUNDAYS” and “STORY SUNDAY,”

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at any time in the future, or instruct, cause, assist, or encourage others to do so.

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(c)

Any and all use of any and all social media accounts with user

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names containing Amnesia’s STORY Mark, including but not limited to, the

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Facebook user name “storysundays,” the Twitter user name “storysundays” and the

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Pinterest user name “story-Sundays.”

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(d)

Contesting, challenging the use of, opposing the registration or re-

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registration of, or seeking cancellation, and assisting or cooperating in any way with

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any contest to, challenge to the use of, opposition to the registration or re-registration
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STIPULATED JUDGMENT, INCLUDING PERMANENT INJUNCTION
CASE NO.: 2:14-CV-08010

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of, or any attempt to cancel, Amnesia’s STORY Mark or Amnesia’s STORY Logo

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Mark, or any existing or future registrations or applications owned by Amnesia or its

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affiliates for any mark consisting of or containing STORY, or assist or encourage

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others in doing so, at any time in the future.

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3.

Defendants, together with their affiliates, parents and subsidiaries,

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principals, agents, shareholders, members, partners, directors, officers, employees,

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attorneys and all other persons in active concert or participation with them, shall, and

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are hereby ordered to, immediately do all of the following:
(a)

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Recognize Amnesia’s ownership of and exclusive rights in

Amnesia’s STORY Mark and Amnesia’s STORY Logo Mark.
(b)

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Destroy any and all materials in their possession or under their

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control that bears Amnesia's STORY Mark, Amnesia's STORY Logo Mark, any mark

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incorporating Amnesia’s STORY Mark, or any mark confusingly similar to

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Amnesia's STORY Mark and/or Amnesia's STORY Logo Mark, including but not

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limited to “STORY SUNDAYS” and “STORY SUNDAY.”
(c)

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Remove any and all uses of Amnesia’s STORY Mark, Amnesia’s

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STORY Logo Mark, any mark incorporating Amnesia’s STORY Mark, and/or any

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mark confusingly similar to Amnesia’s STORY Mark and/or Amnesia’s STORY

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Logo Mark, including but not limited to, “STORY SUNDAYS” and “STORY

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SUNDAY” from any web pages and/or social media pages under the operation or

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control of Weho, SKWS, or any of their officers, directors, shareholders and

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employees.
(d)

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Remove and terminate any and all uses of any and all social media

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accounts with user names containing Amnesia’s STORY Mark, including but not

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limited to the Facebook user name “storysundays,” the Twitter user name

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“storysundays,” and the Pinterest user name “story-sundays.”

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4.

The terms of the foregoing injunction and orders shall immediately be in

effect and enforceable worldwide.
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STIPULATED JUDGMENT, INCLUDING PERMANENT INJUNCTION
CASE NO.: 2:14-CV-08010

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5.

This Court shall, and hereby does, retain jurisdiction to the maximum

extent permitted by law to enforce the terms of this Judgment.
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The order to show cause [Doc. # 30] is DISCHARGED.

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IT IS SO ORDERED.

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DATED: March 13, 2015

______________________________
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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STIPULATED JUDGMENT, INCLUDING PERMANENT INJUNCTION
CASE NO.: 2:14-CV-08010