Sream, Inc. v. 4U Surplus Inc. et al

Filing 16

STIPULATED ORDER TO: ENTER CONSENT DECREE FOR PERMANENT INJUNCTION AGAINST DEFENDANT 4U SURPLUS, INC., by Judge R. Gary Klausner Related to: Stipulation for Permanent Injunction 15 . ( MD JS-6. Case Terminated )(SEE STIPULATED ORDER FOR SPECIFICS) (bp)

Priority
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Enter
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SREAM, INC, a California corporation,

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Plaintiff,
P
v.

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4U SURPLUS, INC., et al.,

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Case No. 5:16-cv-00881-RGK-DTB

Defendants.

D] STIPULATED ORDER

TO:
(1) EI~ITER CONSENT DECREE
FOR PERMANENT
I
NJUNCTION AGAINST
DEFENDANT 4U SURPLUS,
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NC.
(2) DISMISS DEFENDANT 4U
SURPLUS, INC. FROM THE
ACTION WITHOUT
PREJUDICE

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STIPULATION TO ENTER CONSENT DECREE

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ORDER FOR 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 4U

Surplus, Inc.("4U-Inc"), alleging that 4U-Inc violated Sream's rights under 15 U.S.C.

6 §§ 1114, 1116, 1125(a),(c), and (d), and Cal. Bus &Prof. § 17200 et seq. ("Action");
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B.

The Parties entered into a confidential settlement agreement effective as of

July 28, 2016 ("Settlement Agreement"), which requires entry of the stipulated judgment

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And good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED,

1 1 ~ AND DECREED THAT:
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1.

For the purposes of binding preclusive effect on 4U-Inc as to disputes

occurring after July 28, 2016, between 4U-Inc and Sream, and only for such purposes,4U-

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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.

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2.

Effective July 28, 2016,4U-Inc, and those acting on 4U-Ines behalf

including its owners, shareholders, principals, officers, agents, servants, employees,
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independent contractors, and partners), are permanently enjoined from producing,

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manufacturing, distributing, selling, offer for sale, advertising, promoting, licensing, or

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marketing (a)any product bearing the RooR Marks or(b) any design, mark, or feature that

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is confusingly similar to the RooR Marks (collectively, the "Permanent Injunction").
[PROPOSED]ORDER TO ENTER CONSENT DECREE

3.

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4U-Inc is bound by the Permanent Injunction regardless of whether Mr.

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Martin Birzle assigns or licenses his intellectual property rights to another for so long as

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such trademark rights are subsisting, valid, and enforceable. The Permanent Injunction

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inures to the benefit of Mr. Martin Birzle successors, assignees, and licensees.
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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

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their respective terms.

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5.

The Parties waive any rights to appeal this Permanent Injunction.

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After entry of the Permanent Injunction, Defendant 4U-Inc shall be dismissed

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from the Action, without prejudice, with each party to bear their own attorneys' fees and

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IT IS SO ORDERED.

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MAR 1 4 201?

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Dated:
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Hon. . Ga
lausner
Unite States District Court Judge

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[PROPOSED] ORDER TO ENTER CONSENT DECREE