Coachella Music Festival, LLC et al v. Robert Trevor Simms et al

Filing 176

STIPULATED ORDER ENTERING PERMANENT INJUNCTION AND FINAL JUDGMENT by Judge R. Gary Klausner, Related to: Stipulation for Judgment, Stipulation for Permanent Injunction, 175 . Defendant Robert Trevor Simms ("Defendant"), and his, agents , servants, employees, and attorneys, and all other persons acting in concert with or participation with him who receive notice of the Court's Order are permanently enjoined from using in commerce any of the Enjoined Terms. (See document for additional terms) (MD JS-6. Case Terminated). (mrgo)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

11 COACHELLA MUSIC
FESTIVAL, LLC and
12 GOLDENVOICE, LLC,
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Plaintiffs
v.

15 ROBERT TREVOR SIMMS,
FILMCHELLA, KYLE BLIVEN,
16 WYATT DENNY, and DOES 4-20,
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Defendants.

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Case No. 2:17-cv-06059 RGK (GJSx)
[PROPOSED] STIPULATED ORDER
ENTERING PERMANENT
INJUNCTION AND FINAL
JUDGMENT
Hon. R. Gary Klausner

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The Court, having read and considered the stipulation of the parties and the record

2 in this case, it is ORDERED that the stipulation is GRANTED.
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4 IT IS HEREBY ORDERED THAT:
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1.

For the purposes of this Order, the following definitions shall apply:
a. Defendant’s Marks means: COACHELLA FOR MOVIES,

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COACHELLA

FILM

FESTIVAL,

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FILMCHELLA,

FILMCHLLA, and FILMCOACHELLA;
b. Plaintiffs’ Marks means: COACHELLA VALLEY MUSIC

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&

ARTS

FESTIVAL,

COACHELLA

FESTIVAL,

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COACHELLA FEST, COACHELLA, CHELLA, CHELLA

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FESTIVAL, and CHELLA FEST; and

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c. Enjoined Terms means: Defendant’s Marks, or any

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confusingly similar designation, in whole or in part, thereto;

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and

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designation, in whole or in part, thereto.

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2.

Plaintiffs’

Marks,

or

any

confusingly

similar

Defendant Robert Trevor Simms (“Defendant”), and his, agents, servants,

18 employees, and attorneys, and all other persons acting in concert with or participation
19 with him who receive notice of the Court’s Order are permanently enjoined from using in
20 commerce any of the Enjoined Terms.
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3.

Defendant

shall

transfer

the

domain

names

filmcoachella.com,

22 filmchella.com and filmchlla.com to Plaintiffs.
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4.

It is further ORDERED that, Defendant, and his officers, agents, servants,

25 employees and attorneys, and all other persons acting in concert with or participation
26 with Defendant who receive actual notice of the Court’s permanent injunction, shall not
27 assist, aid, or abet any other person or business entity in engaging in or performing any of
28 the activities recited in paragraph 2 of this Order.
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5.

This Court has jurisdiction over the parties and the subject matter of this

2 action. This Court shall retain jurisdiction to the extent necessary to enforce this
3 Permanent Injunction.
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6.

This Action is dismissed with prejudice as to all defendants, other than

5 Robert Trevor Simms.
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All relief not expressly granted herein is DENIED.

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8.

Each party shall bear its own costs, expenses, and attorneys’ fees.

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This is a Final Judgment, and except as to this stipulated injunction, all claims and

9 counterclaims are hereby dismissed with prejudice.
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IT IS SO ORDERED.
DATED: October 04, 2018

______________________________
R. Gary Klausner
U.S. District Judge

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