Capbran Holdings, LLC et al v. Firemall LLC et al

Filing 183

STIPULATED JUDGMENT FOR TRADEMARK AND TRADE DRESS INFRINGMENT, COPYRIGHT INFRINGEMENT, AND DESIGN PATENT INFRINGEMENT by Judge Dale S. Fischer. (SEE JUDGMENT FOR SPECIFICS) (bp)

1

JS 6

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

9
10
11
12

CAPBRAN HOLDINGS, LLC, a
California LLC, and NUTRIBULLET,
LLC, a California LLC,

13

Plaintiffs,

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

v.
FIREMALL LLC, a New York LLC,
and MITCHEL BERKOWITZ, an
individual,
Defendants.
AND RELATED COUNTERCLAIMS

CASE NO. 2:16-cv-02980-DSF(AFMx)
[PROPOSED] STIPULATED
JUDGMENT FOR TRADEMARK AND
TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND
DESIGN PATENT INFRINGEMENT
The Hon. Judge Dale S. Fischer

1
2

The Parties having so stipulated and good cause appearing, the Court enters
Judgement in accordance with the following terms.

3

JUDGMENT

4
5
6
7

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
(1)

Judgment is entered in favor of Capbran Holdings, LLC and

8

NutriBullet, LLC and against Firemall, LLC as to Plaintiff’s claims

9

against Firemall, LLC for trademark and trade dress infringement,

10

copyright infringement, and design patent infringement in the amount

11

of $1,000,000. It is declared that Capbran’s registered trade dress,

12

U.S. Reg. No. 4,416,702, for a blender base with a wave shaped rim is

13

determined to be distinctive and not functional. It is also declared that

14

the Plaintiffs Capbran’s design patents, U.S. Design Patent Nos.

15

D554,427, D500,633, and D532,255, are valid and are not functional.

16

These findings are the results of a fully litigated case over a course of

17

seventeen (17) months in which full discovery was conducted, cross

18

motions for summary judgment were filed and ruled upon;

19

(2)

All claims against Mitchel Berkowitz are hereby DISMISSED

20

WITHOUT PREJUDICE until the monetary judgment against Firemall

21

has been fully satisfied pursuant to the Settlement Agreement of the

22

Parties.

23

Settlement Agreement of the Parties, Capbran may refile its claims

24

against Berkowitz and Berkowitz Entities and the judgment shall be

25

amended upon request against Berkowitz, personally, and Berkowitz

26

Entities in the amount of $500,000 plus any remaining balance

27

pursuant to the Parties’ Settlement Agreement. Upon full satisfaction

If Firemall shall default on any payment pursuant to the

28
-1-

1

of the Judgment against Firemall, Capbran’s claims against Mitchel

2

Berkowitz are to be DISMISSED WITH PREJUDICE;

3

(3)

Firemall, LLC, Berkowitz, and other entities in which Berkowitz

4

retains any ownership interest, either directly or through his family or

5

agents are permanently enjoined from infringing any of Capbran’s

6

trademarks, trade dress, copyrights, and design patents, including but

7

not limited to any future sales of counterfeit products of Capbran or its

8

related entities;

9

(4)

Each Party shall bear its own costs and attorneys’ fees; and

10

(5)

This Court shall retain jurisdiction of this case to enforce the Judgment
and Settlement Agreement between the Parties.

11
12
13

IT IS SO ORDERED.
9/25/17

14
15
16
17

Dated:
Hon. Dale S. Fischer
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
-2-