The Rag Place, Inc. v. Los Angeles Rag House, Inc.

Filing 41

STIPULATED PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE (DKT. 40 ) filed by Judge R. Gary Klausner. (MD JS-6. Case Terminated) (ah)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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THE RAG PLACE, INC., a
California Corporation
Plaintiff,

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vs.
LOS ANGELES RAG HOUSE,
INC., a California Corporation, a
California corporation
Defendant,

CASE NO. 2:16-cv-06582-RGK-SK
STIPULATED PERMANENT
INJUNCTION AND DISMISSAL
WITH PREJUDICE (DKT. 40)

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BASED UPON THE PARTIES’ STIPULATION AND FOR GOOD CAUSE

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SHOWN, IT IS HEREBY ORDERED AND ADJUDGED:
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This Court has jurisdiction over Defendant Los Angeles Rag House,

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Inc. (“LARH”) and the subject matter of this action under 28 U.S.C §§ 1331 and

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1338(a). Venue is proper in this Court pursuant to 28 U.S.C §§ 1391(b) and (c).

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2.

For purposes of this case, Plaintiff The Rag Place, Inc. (“TRP”) is the

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owner of all rights, titles, and interests in and to the ULTRABOUNCE® trademark,

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the KNOCKOUT® trademark, and the MAGIC CLOTH™ trademark (collectively

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“Trademarks-at-Issue”).
3.

LARH agrees not to contest the validity and enforceability of the

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Trademarks-at-Issue.

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4.

Effective as of the date this Stipulated Permanent Injunction and

Dismissal with Prejudice (“Stipulated Consent Judgment”) is entered by the Court,

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LARH and its subsidiaries, affiliates, officers, directors, agents, servants,

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employees, successors and assigns, and all other persons and organizations in active
concert or participation with any of the foregoing, are hereby permanently enjoined

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and restrained from engaging in any of the following activities:
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(a)

importing, exporting, manufacturing, marketing, advertising,

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offering for sale or rent, selling, and renting out any product that infringes the
Trademarks-at-Issue;

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(b)

otherwise infringing any the Trademarks-at-Issue; and

(c)

assisting, aiding, or abetting any other person or business entity

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in engaging in or performing any of the activities referred to in subparagraphs (a)
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and (b) above.

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5.

TRP and LARH shall bear their own costs and attorney fees.

6.

This Stipulated Consent Judgment constitutes a final judgment

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concerning the subject matter of this action as between TRP and LARH.

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7.

TRP and LARH waive any right to appeal from this Stipulated

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Consent Judgment.
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Upon entry of this Stipulated Consent Judgment, Case No. 2:16-cv-

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06582-RGK-SK is dismissed with prejudice, provided, however, that this Court

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shall retain jurisdiction to enforce the terms and provisions of this Stipulated
Consent Judgment and the terms of the parties’ Settlement Agreement.

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The Court dismisses the matter with prejudice; however, upon

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application by either party, the Court may reopen the matter for the limited purpose
of enforcing the parties’ Settlement Agreement.

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SO ORDERED AND ADJUDGED:
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Dated: August 22, 2017
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___________________________
Honorable R. Gary Klausner
United States District Judge

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