E-Hose Technologies LLC et al v. Unlimited Wireless et al

Filing 20

ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANT UNLIMITED WIRELESS WITH PREJUDICE by Judge George H. Wu Related to: Stipulation for Permanent Injunction, Stipulation to Dismiss Case 19 . IT IS HEREBY ORDERED that Judgment shall be entered in favor of Plaintiffs in the amount of $100,000.00 against Defendant with respect to Plaintiffs claims as set forth in the Complaint filed in the present action.. ( MD JS-6. Case Terminated ) (pj)

JS-6
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Brent H. Blakely (SBN 157292)
[e-mail]
Cindy Chan (SBN 247495)
[e-mail]
BLAKELY LAW GROUP
1334 Parkview Avenue, Suite 280
Manhattan Beach, California 90266
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
E-Hose Technologies LLC and
PhD Marketing, Inc.

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
) CASE NO. CV 14-8595-GW(JEMx)
)
) ORDER RE CONSENT JUDGMENT
) INCLUDING PERMANENT
) INJUNCTION AND VOLUNTARY
) DISMISSAL OF DEFENDANT
Plaintiffs,
) UNLIMITED WIRELESS WITH
) PREJUDICE
v.
)
UNLIMITED WIRELESS, an unknown )
)
business entity; and DOES 1-10,
)
inclusive,
)
)
Defendant
)
)
E-HOSE TECHNOLOGIES LLC, a
California Limited Liability Company;
and PhD MARKETING, INC., a
California Corporation,

WHEREAS Plaintiffs E-Hose Technologies LLC and PhD Marketing, Inc.
(collectively “Plaintiffs” or “E-Hose”) having filed a Complaint in this action charging
Defendant Tigran Galstyan dba Unlimited Wireless & Vape, erroneously sued as
“Unlimited Wireless, (“Defendant”) with Trademark Infringement, False
Designations of Origin, Unfair Competition, and related state law claims arising from
Defendant’s unauthorized manufacture, production, distribution, advertisement,
offering for sale, and/or sale of apparel bearing unauthorized reproductions of the EHose Marks, and the parties herein having simultaneously entered into a Settlement
Agreement and Mutual Release; and the parties hereto desiring to fully settle all of the
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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION
AND VOLUNTARY DISMISSAL WITH PREJUDICE

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claims in this action among the parties to this Final Judgment; Defendant has agreed to

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consent to the below judgment:

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WHEREAS, This Court has jurisdiction over the parties to this Final Consent

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Judgment and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. §

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1121.

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WHEREAS, Plaintiffs are the owners of the trademark “E-HOSE” and various

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composite trademarks comprising said mark and assorted design components. E-Hose

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Marks include but are not limited to the following marks:

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Trademark

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U.S. Reg./Serial Class(es)/Goods

E-HOSE

No.
4,463,945

E-HOSE

4,456,664

Chemical flavorings in liquid form
contained within a cartridge used to
refill electronic cigarettes

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Cigarette tubes; Electric cigarettes;
Electronic cigarette refill cartridges
sold empty; Electronic cigars;
Electronic hookahs; Hookah parts,
namely, tube and hose; Hookah
tobacco; Hookahs; Smokeless
cigarette vaporizer pipe; Smoker's
articles, namely, hookah charcoal.
Electric cigarettes ; Electric cigars ;
Electric smoking pipes.

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4,005,820

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WHEREAS, Plaintiffs have alleged that Defendant’s manufacture, production,
distribution, advertisement, offering for sale, and/or sale of products bearing
counterfeit reproductions of the E-Hose Marks (“Counterfeit Products”) constitutes
trademark infringement and unfair competition under the Lanham Trademark Act and
under the common law.
WHEREAS, pursuant to the parties’ stipulation, IT IS HEREBY ORDERED
that Judgment shall be entered in favor of Plaintiffs in the amount of $100,000.00

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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION
AND VOLUNTARY DISMISSAL WITH PREJUDICE

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against Defendant with respect to Plaintiffs’ claims as set forth in the Complaint filed

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in the present action.

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WHEREAS, Defendant has agreed to consent to the below terms of a
permanent injunction, IT IS FURTHER ORDERED that:
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Defendant and its agents, servants, employees and all entities and/or

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persons in active concert and participation with it who receive actual notice of this

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Final Consent Judgment are hereby permanently restrained and enjoined from

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infringing upon the E-Hose Marks either directly or contributorily in any manner,

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including:

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(a)

Manufacturing, purchasing, producing, distributing, circulating,

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selling, offering for sale, importing, exporting, advertising, promoting, displaying,

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shipping or marketing products bearing the E-Hose Marks, and/or marks identical

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and/or confusingly similar thereto;

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(b)

Delivering, holding for sale, returning, transferring or otherwise

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moving, storing or disposing in any manner products bearing the E-Hose Marks,

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and/or marks identical and/or confusingly similar thereto;

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(c)

Using the E-Hose Marks or any reproduction, counterfeit, copy or

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colorable imitation thereof in connection with the manufacture, importation,

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distribution, advertisement, offer for sale and/or sale of merchandise comprising not

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the genuine products of E-Hose, or in any manner likely to cause others to believe that

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Defendant’s products are connected with E-Hose or Plaintiffs’ genuine merchandise;

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(d)

Assisting, aiding or attempting to assist or aid any other person or

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entity in performing any of the prohibited activities referred to in Paragraphs 5(a) to

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5(c) above.

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2.

The parties shall bear their own costs and attorneys’ fees associated with

this action
3.

The execution of this Final Consent Judgment shall serve to bind and

obligate the parties hereto.
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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION
AND VOLUNTARY DISMISSAL WITH PREJUDICE

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4.

The jurisdiction of this Court is retained for the purpose of making any

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further orders necessary or proper for the construction or modification of this Final

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Judgment, the enforcement thereof and the punishment of any violations thereof.

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Except as otherwise provided herein, this action is fully resolved with prejudice as to

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Defendant Unlimited Wireless.

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IT IS SO ORDERED.

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DATED: April 16, 2015

__________________________
Hon. George H. Wu
United States District Judge

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[PROPOSED] ORDER RE CONSENT JUDGMENT INCLUDING PERMANENT INJUNCTION
AND VOLUNTARY DISMISSAL WITH PREJUDICE