Sream Inc v. Sun Kyung Cho et al

Filing 34

STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DADDY'S SMOKE SHOP, INC. by Judge Virginia A. Phillips. (MD JS-6. Case Terminated) (adu)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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SREAM, INC, a California corporation,
Plaintiff,

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v.

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SUN KYUNG CHO d/b/a CIGARETTE
DEPOT; DADDY’S SMOKE SHOP, INC.,
a California corporation; FOUR ACES
WHOLESALE, CORP., a California
Corporation; and DOES 1-10 INCLUSIVE,

Case No. 5:13-cv-02197-VAP-SP
[PROPOSED] STIPULATED FINAL
JUDGMENT AND PERMANENT
INJUNCTION AGAINST DADDY’S
SMOKE SHOP, INC.

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Defendants.

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JUDGMENT

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FINAL JUDGMENT AND PERMANENT INJUNCTION
This Court, having made the following findings of fact and conclusions of law
pursuant to the parties’ stipulation:
A.

Plaintiff Sream, Inc. (“Sream” or “Plaintiff”) filed suit against Defendant

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Daddy’s Smoke Shop, Inc. (“Daddy”), alleging that Daddy violated Sream’s rights under

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15 U.S.C. §§ 1114, 1116, 1125(a), (c), and (d), and Cal. Bus & Prof. § 17200 et seq.

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(“Action”);

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B.

The Parties entered into a settlement agreement as of March 28, 2014

(“Settlement Agreement”), which requires entry of the stipulated judgment set forth herein;
And good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED,
AND DECREED THAT:

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1.

That judgment be entered in favor of Sream against Daddy on all claims.

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2.

For the purposes of binding preclusive effect on Daddy as to future disputes

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with respect to the Action or Settlement Agreement between Daddy on the one hand and

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Sream on the other hand, and only for such purposes, Daddy admits the following:

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a. Mr. Martin Birzle is now, and has been at all times since the dates of issuance,

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the owner of United States Trademark Registration Nos. 2,235,638; 2,307,176;

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and 3,675,839 (the “RooR Marks”) and of all rights thereto and thereunder.
b. Since at least 2011, Plaintiff Sream has been the exclusive licensee of the

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RooR Marks in the United States. Mr. Brizle has been granted all

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enforcement rights to Sream to sue for obtain injunctive and monetary relief

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for past and future infringement of the RooR Marks.
c. Daddy, by the actions described in the complaint, has infringed upon the RooR

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Marks.

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3.

Daddy, and those on Daddy’s behalf, including their owners, shareholders,

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principals, officers, agents, servants, employees, independent contractors, and partners, are

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permanently enjoined from using the term “Sream” and confusingly similar terms

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(collectively, the “Injunction”).
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JUDGMENT

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4.

Daddy is bound by the Injunction regardless of whether Mr. Martin Birzle

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assigns or licenses its intellectual property rights to another for so long as such trademark

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rights are subsisting, valid, and enforceable. The Injunction inures to the benefit of Mr.

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Martin Birzle’s successors, assignees, and licensees.

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5.

This Court (or if this Court is unavailable, any court within the Central District

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of California) shall retain jurisdiction over all disputes between and among the Parties

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arising out of the Settlement Agreement and Injunction, the Stipulation which includes the

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Injunction, and this final judgment, including but not limited to interpretation and

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enforcement of the terms of the Settlement Agreement.

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6.

The Parties waive any rights to appeal this stipulated judgment, including

without limitation the Injunction.

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IT IS SO ORDERED.

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Dated: April 21,
2014

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Virginia A. Phillips
United States District Court Judge

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JUDGMENT