Antiaging Institute of California, Inc. v. Solonova, LLC et al

Filing 226

STIPULATED FINAL JUDGMENT by Judge Andre Birotte Jr.: Plaintiff hereby abandons its applications with the U.S. Patent and Trademark Office ("USPTO") seeking to trademark "LiquiCalcium" (Serial No. 86507597), and "LiquiCalcium 6 Plus" (Serial No. 86513049). Plaintiff and its officers, agents, directors, and employees, or affiliates, whether acting directly or indirectly, are hereby permanently enjoined from any use of the marks "LiquiCalcium," "LiquiCa lcium 6 Plus," "LIQUI-CALCIUM" or any mark that is substantially similar to the Marks. Plaintiff hereby dismisses, with prejudice, all claims against Defendants, their employees, directors, officers, agents, or successors and assigns, contained in the First Amended Complaint. Tishcon hereby dismisses all claims against Plaintiff, their employees, directors, officers, agents, or successors and assigns, contained in Tishcon's counterclaims contained in the answer to the FAC. (MD JS-6, Case Terminated). (gk)

JS-6
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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ANTIAGING INSTITUTE OF
CALIFORNIA, INC., a California
corporation
Plaintiff,
v.
SOLONOVA, LLC, a California Limited
Liability Company; EASY LIVING
HEALTH, a business of unknown
formation; DEEPAK CHOPRA, an
individual; TISHCON CORP., a New
York Corporation; and RAJ CHOPRA, an
individual; DOES 1-100

Case No.: CV-15-03416 AB (FFMx)
[PROPOSED] STIPULATED FINAL
JUDGMENT
The Hon. André Birotte th
Jr.
Courtroom:
7B – 7 Fl.
350 W. 1st St.
Los Angeles, CA 90012

Defendants.
TISHCON CORP., a New York
corporation,
Counterclaimant,
v.
ANTIAGING INSTITUTE OF
CALIFORNIA, INC., a California
corporation,
Counter-Defendant.

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A. Trademark Applications

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1.

Plaintiff hereby abandons its applications with the U.S. Pantent

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and Trademark Office (“USPTO”) seeking to trademark “LiquiCalcium” (Serial No.

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86507597), and “LiquiCalcium 6 Plus” (Serial No. 86513049).

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{00768722 DOCX 2}

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CV-15-03416 AB (FFMx)
STIPULATED JUDGMENT

2.

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Plaintiff and its officers, agents, directors, and employees, or

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affiliates, whether acting directly or indirectly, shall immediately take all actions

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necessary to withdraw the above mentioned applications with prejudice, and shall not

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seek to file any new trademark applications that have any substantial similarity to the

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Mark.
3.

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Plaintiff and its officers, agents, directors, and employees, or

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affiliates, whether acting directly or indirectly, are hereby permanently enjoined from

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any use of the marks “LiquiCalcium,” “LiquiCalcium 6 Plus,” “LIQUI-CALCIUM”

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(the “Marks”) or any mark that is substantially similar to the Marks.
4.

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Plaintiff and its officers, agents, directors, and employees, or

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affiliates, whether acting directly or indirectly, shall not oppose Tishcon’s application

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to trademark “LIQUI-CALCIUM” (Serial No. 86715779), and shall take all

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reasonably necessary actions within Plaintiff’s or its employees, agents, directors,

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employees or affiliate’s control, to remove any existing opposition to or suspension of

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Tishcon’s application.

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B. Dismissal of Claims

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5.

Plaintiff hereby dismisses, with prejudice, all claims against

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Defendants, their employees, directors, officers, agents, or successors and assigns,

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contained in the First Amended Complaint (Dkt. No. 75).
6.

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Subject to the right to enforce the provisions of Paragraphs 1

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through 4 hereof, Tishcon hereby dismisses all claims against Plaintiff, their

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employees, directors, officers, agents, or successors and assigns, contained in

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Tishcon’s counterclaims contained in the answer to the FAC (Dkt. No. 103).

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{00768722 DOCX 2}

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CV-15-03416 AB (FFMx)
STIPULATED JUDGMENT

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Dated: February ___, 2017

STUBBS ALDERTON & MARKILES, LLP

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By:
Anthony M. Keats
Konrad K. Gatien

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Dated: February 21, 2017
MCCARTHY FINGAR, LLP

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By:________________________
Phillip C. Landrigan (pro hac vice)
Zahir A. Virani (pro hac vice)

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Attorneys for Defendants
SOLANOVA, LLC, DEEPAK CHOPRA,
TISHCON CORP. and RAJ CHOPRA

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Dated: February ___, 2017

T. SEAN BUTLER, ESQ.

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By:
T. Sean Butler, Esq.

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Attorney for Plaintiff,
ANTIAGING INSTITUTE OF CALIFORNIA,
INC.

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IT IS SO ORDERED:

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Dated: March 1, 2017
Hon. André Birotte Jr.
UNITED STATES DISTRICT JUDGE

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{00768722 DOCX 2}

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CV-15-03416 AB (FFMx)
STIPULATED JUDGMENT