E-Hose Technologies LLC et al v. Primeco Wholesale, Inc. et al

Filing 35

ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF DEFENDANTS PRIMECO WHOLESALE, INC. and NOR KHALIL HADDAD filed by Judge Manuel L. Real (pj)

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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 Plaintiffs
E-Hose Technologies LLC and
PhD Marketing, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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E-HOSE TECHNOLOGIES LLC, a
California Limited Liability Company; and
PhD MARKETING, INC., a California
Corporation,

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Plaintiff,
v.
PRIMECO WHOLESALE, INC., a
California Corporation; NOR KHALIL
HADDAD, an individual; BOSS
WHOLESALE CORPORATION; a New
Jersey Corporation; J&L WHOLESALE
DISTRIBUTORS, a Pennsylvania
Corporation, and DOES 1-10, inclusive,

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Defendants.

) CASE NO. 2:14-CV-08600-R-AS
)
) ORDER RE PERMANENT
) INJUNCTION AND VOLUNTARY
) DISMISSAL OF DEFENDANTS
) PRIMECO WHOLESALE, INC. and
) NOR KHALIL HADDAD
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WHEREAS, Plaintiffs PhD Marketing, Inc. and E-Hose Technologies LLC,
(collectively “Plaintiffs”) having filed a Complaint in this action charging Defendants
PrimeCo Wholesale Inc. and Nor Khalil Haddad (collectively “Defendants”) with
Trademark Infringement, False Designations of Origin, and Unfair Competition under
federal, state, and common law arising from Defendants’ manufacture, production,
distribution, promotion, advertisement, offering for sale, and/or sale of electronic
hookahs bearing counterfeit reproductions of the E-Hose Marks shown below;

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ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL

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Trademark

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E-HOSE

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E-HOSE

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U.S. Reg./Serial Class(es)/Goods
No.
4,463,945
Chemical flavorings in liquid
form contained within a
cartridge used to refill
electronic cigarettes
4,456,664
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.
4, 005,820
Electric cigarettes ; Electric
cigars ; Electric smoking pipes.

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85/831231

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Electric cigarettes; Electronic
cigarettes; Electronic cigars;
Electronic hookahs

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WHEREAS, the parties herein having simultaneously entered into a Settlement
Agreement and Mutual Release; and
WHEREAS, the parties hereto desiring to fully settle all of the claims in this
action among the parties to this Final Judgment; and
WHEREAS, Defendants have agreed to consent to the below terms of a
permanent injunction without any admission of wrongdoing, IT IS HEREBY
ORDERED that:

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ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL

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1.

Defendants and their agents, servants, employees and all persons in active

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concert and participation with it who receive actual notice of this Consent Judgment

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are hereby permanently restrained and enjoined from:

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(a)

Manufacturing, importing, advertising, marketing, promoting,

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supplying, distributing, offering for sale, or selling infringing products that bear the E-

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Hose Marks, or any other marks identical 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 that bear the E-Hose Marks

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except as otherwise provided in the parties’ confidential written Settlement

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Agreement;

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(c)

Engaging in any other activity constituting unfair competition with

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Plaintiffs, or acts and practices that deceive consumers, the public, and/or trade with

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respect to the use of designations and designs of Plaintiffs;

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(d)

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E-Hose Marks;

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(e)

Engaging in other activity that will dilute the distinctiveness of the

Committing any other act which falsely represents or which has the

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effect of falsely representing that the goods and services of Defendant are licensed by,

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authorized by, offered by, produced by, or in any other way associated with Plaintiffs;

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(f)

Knowingly assisting, aiding or attempting to assist or aid any other

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person or entity in performing any of the prohibited activities referred to in Paragraphs

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2(a) to 2(e) above.

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WHEREAS, Plaintiffs and Defendants have further agreed as follows, IT IS
HEREBY FURTHER ORDERED that:
2.

This Court has jurisdiction over the parties to this Final Consent Judgment

and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121.
3.

Plaintiffs and Defendants shall bear their own costs and attorneys’ fees

associated with this action.

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ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL

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4.

This action is hereby dismissed with prejudice as to Defendants PrimeCo

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Wholesale Inc. and Nor Khalil Haddad only. Such dismissal shall not have preclusive

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effect on any other Defendants or those who are not specifically released in the parties’

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written settlement agreement, all claims against whom Plaintiffs expressly reserve.

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5.

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 Consent

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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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Defendants PrimeCo Wholesale Inc. and Nor Khalil Haddad only.

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DATED: June 8, 2015

By:

_______________________
Hon. Manuel Real
United States District Judge

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ORDER RE PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL