LFP IP, LLC v. 4FVSX Enterprises, LLC et al

Filing 22

ORDER RE: STIPULATION AND CONSENT JUDGMENT AND PERMANENT INJUNCTION ORDER AGAINST DEFENDANTS 4FVSX ENTERPRISES LLC DBA PUSH CLOTHING STORES AND ROVALL WASHINGTON by Judge Percy Anderson Related to: Notice of Settlement 21 . (See document for details) (MD JS-6. Case Terminated ). (mrgo)

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U1~ITEI} STATES DISTRICT C'4ITR.T

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CEI'~ITRAL DYSTRICT QF CALIFURNIA

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Case No.: 2:1 ~-cv-U0194-PA-RAU

LFP IP,LLC,

ORDER RE:

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Plaintiff,

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vs.

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4FVSX ENTERPRISES,T.,LC
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3/B/A PUSH CLOTHING
~s STORES,R4VALL
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V~A.SHINGT~hT,and DOES 1.-5,

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STIPULATION A.1°1I} CUNSENT
JUDGMENT AND PERMANENT
INJUNCTIt~N ORDER AGAINST
DEFENDANTS
LC
D PUSH
18A
CLOTHING
STORES AND R.gVALL
WASHINGTON

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Defendants.

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CONSENT JUDGMENT AND PERMA]~TENT JNJUNCTION ORDER
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Plaintiff LAP IP,LLC (~~Plaintiff'} and Defendants 4FVSX
ENTERPRISES,LLC D/SIA PUSH CLOTHING STORES and ROVALL

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WASHIl~TGTON {collectively,"Defendants") stipulate, consent a.nd agree to
the following:

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WHEREAS,Plaintiff commenced this action an January 9,2Q18, by filing a

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Complaint against Defendants bringing claims for trademark infringement and

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unfair competztion under the Lanh~.m Act; and

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WHEREAS,on .Tanuary 12, 20I8, Plaintiff flied a Motion for Preliminary

~~ Injunction to stop Defendants from infringing the HUSTLERS Trademarks {the
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Motion"); and
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~4V~TEREAS, before the hearizag on the Motion, Plaintiff and Defendants
stipulated to the permanent injunction set foz~.h below and agreed to a written

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~8 ( settlement agreement {the "Settlement Agreement"); and
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WHEREAS,the Defendants acknowledge and agree that P~aaintiff is the

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ownez o~tk~e registered HUSTLER? t~rademazks set forth in the Complaint; and
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[~EREAS,the parties agree that this Court has subject-matter and
~ jurisdiction over the Defendants; and

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WHEREAS,the parties hereto understand and agree that this Stipulation
~ Consent Judgment and Permanent Injunction Order shall be made a part of, and is

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expressly incorporated into, the Settlement Agreement; and

CONSENT JUDGMENT AND PERMANENT IN
.TUNCTZt7N QRDER
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WHEREAS,the paa-tzes agree that the Consent Judgment and Permanent
z Injunction Order below will constitute the final judgment in
this mater;
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Nt~W, with the consent ofPlaintiff and Defendants, and after due
deliberation, it is hereby:

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IT IS HEREBY QRDERED,ADJUDGED and DECREED that:
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1. Immediately, upon entry ofthis Consent Judgment and Permanent
Injunction Order, Defendants 4FVS~ ENTERPRISES,LLC DB/A

To
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PUSH CLOTHING STORES and ROVALL WASHINGTON,together
wzth their officers, directors, partners, agents, subcontractors, employees

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subsidiaries, successors, assigns, licensees and related companies or
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entities, and all others acting in concert or participating with them ox
actual notice ofthis order are hereby permanently enjoined and

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restrained from using the HCTSTLER mark,the "HSTLR5" mark and

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any confusingly similar variation thereof, in connection with the sale or

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maxketing of apparel items, including but not limited to t-shirts,
sweatshirts, baseball caps, hats and lingerie;
2 This Consent Judgment and Preliminary Injunction Order is bincling
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and shall inure to the benefit afthe parties and their respective affiliates,
predecessors, successors, assigns, licensees, manufacturers, heixs and

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CONSENT JUDGMENT AND PERlY1A1~IENT INJUNCTION ORDER
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personal representatives and distributors and their respective officers,
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members, employees, attorneys, and agents;

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3 Within fourteen {14) dais after entry of this Consent Judgment and
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Permanent.Injunction Order, Defendants shall file with the Court and

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serve upon Plaintiff's counsel a signed declaration or affidavit setting

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forth the manner and form in which Defendants have complied with this

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Consent Judgment and Permanent Injunction 4:rder;

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4 Subject to the foregoing Consent Judgment and Permanent Injunction
.

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Order, the above-captioned action is hereby dismissed without prejudice,

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and this Court shall retain jurisdiction over this matter for the purpose of

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enforcing t~a.e terms afthis Consent Judgment and Permanent Injunction
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Order, and the Settlement Agreement; and

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5. Each Party to this action sha11 bear their awn costs and attorneys' £ees.

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~T IS St? C}RDERED.

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Date: February 01, 2018

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United States District Court Judge

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CONSENT JUDGMENT AND PE~i;MANENT INJUNCTION ORDER
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