Sream, Inc. v. Rami Habaibeh et al

Filing 24

STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT RAMI YOUSEF HABAIBEH by Judge George H. Wu Related to: Stipulation for Permanent Injunction 23 . (MD JS-6, Case Terminated). (mrgo)

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No. EDCV 16-878-GW(SPx)
Hon. George H. Wu

SREAM, INC, a California corporation,
Plaintiff,

STIPULATED FINAL JUDGMENT
AND PERMANENT INJUNCTION
AGAINST DEFENDANT RAMI
YOUSEF HABAIBEH

v.
RAMI YOUSEF HABAIBEH, et al.,
Defendants.

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JUDGMENT

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

Rami Yousef Habaibeh (“Habaibeh”), alleging that Habaibeh violated Sream’s rights under
15 U.S.C. §§ 1114, 1116, 1125(a), (c), and (d), and Cal. Bus & Prof. § 17200 et seq.
(“Action”);
B.

The Parties entered into a settlement agreement as of November 16, 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:
1.

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

2.

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

between Habaibeh and Sream, and only for such purposes, Habaibeh admits the following:
a. Mr. Martin Birzle is now, and has been at all times since the dates of issuance,
the owner of United States Trademark Registration Nos. 2,235,638; 2,307,176;
and 3,675,839 (the “RooR Marks”) and of all rights thereto and thereunder.
b. The RooR Marks are valid and enforceable.
c. Since at least 2013, Plaintiff Sream has been the exclusive licensee of the
RooR Marks in the United States. Mr. Birzle has been granted all
enforcement rights to Sream to sue for obtain injunctive and monetary relief
for past and future infringement of the RooR Marks.
d. Habaibeh, by the actions described in the complaint, has infringed upon the
RooR Marks.
3.

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

shareholders, principals, officers, agents, servants, employees, independent contractors, and
partners), are permanently enjoined from producing, manufacturing, distributing, selling,
offer for sale, advertising, promoting, licensing, or marketing (a) any product bearing the
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JUDGMENT

RooR Marks or (b) any design, mark, or feature that is confusingly similar to the RooR
Marks (collectively, the “Injunction”).
4.

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

assigns or licenses its intellectual property rights to another for so long as such trademark
rights are subsisting, valid, and enforceable. The Injunction inures to the benefit of Mr.
Martin Birzle’s successors, assignees, and licensees.
5.

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

of California) shall retain jurisdiction over all disputes between and among the Parties
arising out of the Settlement Agreement and Injunction, the Stipulation which includes the
Injunction, and this final judgment, including but not limited to interpretation and
enforcement of the terms of the Settlement Agreement.
6.

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

without limitation the Injunction.

IT IS SO ORDERED.

Dated: November 16, 2016
Hon. George H. Wu
United States District Judge

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JUDGMENT