Sream, Inc. v. Pang Yun Sik et al
Filing
43
STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT EMAD SAEED KASSEMMOHSEN by Judge Jesus G. Bernal related to: Stipulation for Judgment 42 . IT IS HEREBY ORDERED,ADJUDGED, AND DECREED THAT: 1. That judgment be entered in favor of Sream against Mohsen on all claims. (See document for specifics.) (MD JS-6, Case Terminated). (iva)
1
2
JS-6
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
Case No. 5:16-cv-00103-JGB-KK
11
12
STIPULATED FINAL
JUDGMENT AND PERMANENT
INJUNCTION AGAINST
DEFENDANT EMAD SAEED
KASSEM MOHSEN
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
JUDGMENT
FINAL JUDGMENT AND PERMANENT INJUNCTION
1
2
3
4
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
5
EMAD SAEED KASSEM MOHSEN (“Mohsen”), alleging that Mohsen violated Sream’s
6
rights under 15 U.S.C. §§ 1114, 1116, 1125(a), (c), and (d), and Cal. Bus & Prof. § 17200
7
et seq. (“Action”);
8
9
10
11
B.
The Parties entered into a settlement agreement as of June 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:
12
1.
That judgment be entered in favor of Sream against Mohsen on all claims.
13
2.
For the purposes of binding preclusive effect on Mohsen as to future disputes
14
between Mohsen and Sream, and only for such purposes, Mohsen admits the following:
a. Mr. Martin Birzle is now, and has been at all times since the dates of issuance,
15
16
the owner of United States Trademark Registration Nos. 2,235,638; 2,307,176;
17
and 3,675,839 (the “RooR Marks”) and of all rights thereto and thereunder.
18
b. The RooR Marks are valid and enforceable.
19
c. Since at least 2013, Plaintiff Sream has been the exclusive licensee of the
20
RooR Marks in the United States. Mr. Birzle has been granted all
21
enforcement rights to Sream to sue for obtain injunctive and monetary relief
22
for past and future infringement of the RooR Marks.
d. Mohsen, by the actions described in the complaint, has infringed upon the
23
RooR Marks.
24
25
3.
Mohsen, and those acting on Mohsen’s behalf (including its owners,
26
shareholders, principals, officers, agents, servants, employees, independent contractors,and
27
partners), are permanently enjoined from producing, manufacturing, distributing, selling,
28
offer for sale, advertising, promoting, licensing, or marketing (a) any product bearing the
3
JUDGMENT
1
RooR Marks or (b) any design, mark, or feature that is confusingly similar to the RooR
2
Marks (collectively, the “Injunction”).
3
4.
Mohsen is bound by the Injunction regardless of whether Mr. Martin Birzle
4
assigns or licenses its intellectual property rights to another for so long as such trademark
5
rights are subsisting, valid, and enforceable. The Injunction inures to the benefit of Mr.
6
Martin Birzle’s successors, assignees, and licensees.
7
5.
This Court (or if this Court is unavailable, any court within the Central District
8
of California) shall retain jurisdiction over all disputes between and among the Parties
9
arising out of the Settlement Agreement and Injunction, the Stipulation which includes the
10
Injunction, and this final judgment, including but not limited to interpretation and
11
enforcement of the terms of the Settlement Agreement.
12
13
6.
The Parties waive any rights to appeal this stipulated judgment, including
without limitation the Injunction.
14
15
IT IS SO ORDERED.
16
17
Dated: July 20, 2016
18
19
United States District Court Judge
States
20
21
22
23
24
25
26
27
28
4
JUDGMENT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?