Sream, Inc. v. Mtanious Toumeh et al

Filing 28

STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT MTANIOUS TOUMEH by Judge Virginia A. Phillips, Related to: Stipulation for Judgment, Stipulation for Permanent Injunction, 26 . (See document for specifics) (mrgo)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No. 5:15-2438-VAP (SPx)

SREAM, INC, a California corporation,

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Plaintiff,

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v.
MTANIOUS TOUMEH; AREF HATOUM;
TOKEN VIDEO, INC.; and DOES 1-10
INCLUSIVE,

[PROPOSED] STIPULATED FINAL
JUDGMENT AND PERMANENT
INJUNCTION AGAINST
DEFENDANT MTANIOUS TOUMEH

Defendants.

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JUDGMENT

FINAL JUDGMENT AND PERMANENT INJUNCTION

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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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Mtanious Toumeh (“Toumeh”), alleging that Toumeh violated Sream’s rights under 15

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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 February 2016

(“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 Toumeh on all claims.

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2.

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

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between Toumeh and Sream, and only for such purposes, Toumeh 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.

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b. The RooR Marks are valid and enforceable.

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c. Since at least 2013, Plaintiff Sream has been the exclusive licensee of the

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RooR Marks in the United States. Mr. Birzle 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.
d. Toumeh, by the actions described in the complaint, has infringed upon the

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RooR Marks.

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3.

Toumeh, and those acting on Toumeh’s behalf (including its owners,

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shareholders, principals, officers, agents, servants, employees, independent contractors, and

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partners), are permanently enjoined from producing, manufacturing, distributing, selling,

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offer for sale, advertising, promoting, licensing, or marketing (a) any product bearing the
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JUDGMENT

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RooR Marks or (b) any design, mark, or feature that is confusingly similar to the RooR

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Marks (collectively, the “Injunction”).

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4.

Toumeh 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: _February 24,
2016

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Virginia A. Phillips
United States District Court Judge

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JUDGMENT