Sream, Inc v. MP Tobacco, Inc.

Filing 16

STIPULATED ORDER TO: (1)ENTER CONSENT DECREE FOR PERMANENT INJUNCTION AGAINST DEFENDANT MP TOBACCO, INC. (2)DISMISS DEFENDANT MP TOBACCO, INC. FROM THE ACTION WITHOUT PREJUDICE by Judge Jesus G. Bernal Re Stipulation 15 : (see document image for further details). IT IS SO ORDERED. Case Terminated. Made JS-6. (ad)

JS-6

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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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Case No. 5:16-cv-02143-JGB-KK

Plaintiff,

STIPULATED ORDER TO:
(1) ENTER CONSENT DECREE
FOR PERMANENT
INJUNCTION AGAINST
DEFENDANT MP TOBACCO,
INC.
(2) DISMISS DEFENDANT MP
TOBACCO, INC. FROM THE
ACTION WITHOUT
PREJUDICE

v.
MP TOBACCO, INC., et al.,

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Defendants.

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ORDER TO ENTER CONSENT DECREE

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ORDER FOR PERMANENT INJUNCTION

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This Court, having made the following findings of fact and conclusions of law

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pursuant to the parties’ stipulation:
A.

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

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Tobacco, Inc. (“MP Tobacco”), alleging that MP Tobacco 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 confidential settlement agreement effective as of

December 21, 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.

For the purposes of binding preclusive effect on MP Tobacco as to disputes

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occurring after December 21, 2016, between MP Tobacco and Sream, and only for such

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purposes, MP Tobacco 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.

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2.

Effective December 21, 2016, MP Tobacco, and those acting on MP

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Tobacco’s behalf (including its owners, shareholders, principals, officers, agents, servants,

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employees, independent contractors, and partners), are permanently enjoined from

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producing, manufacturing, distributing, selling, offer for sale, advertising, promoting,

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licensing, or marketing (a) any product bearing the RooR Marks or (b) any design, mark, or
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ORDER TO ENTER CONSENT DECREE

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feature that is confusingly similar to the RooR Marks (collectively, the “Permanent

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Injunction”).

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3.

MP Tobacco 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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4.

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 Permanent Injunction, and interpretation of

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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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6.

After entry of the Permanent Injunction, Defendant MP Tobacco shall be

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dismissed from the Action, without prejudice, with each party to bear their own attorneys’

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fees and costs.

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IT IS SO ORDERED.

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Dated: December 20, 2016

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Hon. Jesus G. Bernal
Jesus
United
United States District Court Judge
e

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ORDER TO ENTER CONSENT DECREE