Sream, Inc. v. Nasco Trading Inc. et al

Filing 34

STIPULATED ORDER TO: (1)ENTER CONSENT DECREE FOR PERMANENT INJUNCTION AGAINST DEFENDANT NASCO TRADING, INC. (2)DISMISS DEFENDANT NASCO TRADING, INC. FROM THE ACTION WITH PREJUDICE by Judge R. Gary Klausner Related 33 . Refer to the Order for details. ( MD JS-6. Case Terminated ) (pso)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No. 5:16-cv-2197-RGK-KK

SREAM, INC, a California corporation,
Plaintiff,

[PROPOSED] STIPULATED ORDER
TO:
(1) ENTER CONSENT DECREE
FOR PERMANENT
INJUNCTION AGAINST
DEFENDANT NASCO
TRADING, INC.
(2) DISMISS DEFENDANT
NASCO TRADING, INC.
FROM THE ACTION WITH
PREJUDICE

v.

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NASCO TRADING INC., et al.,
Defendants.

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[PROPOSED] 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

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Nasco Trading, Inc. (“Nasco”), alleging that Nasco violated Sream’s rights under 15 U.S.C.

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§§ 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

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May 24, 2017 (“Settlement Agreement”), which requires entry of the stipulated judgment

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set forth herein;

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And good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED,
AND DECREED THAT:
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For the purposes of binding preclusive effect on Nasco as to disputes

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occurring after May 24, 2017, between Nasco and Sream, and only for such purposes,

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Nasco 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 May 24, 2017, Nasco, and those acting on Nasco’s behalf (including

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its owners, shareholders, principals, officers, agents, servants, employees, independent

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contractors, and partners), are permanently enjoined from producing, manufacturing,

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distributing, selling, offer for sale, advertising, promoting, licensing, or marketing (a) any

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product bearing the RooR Marks or (b) any design, mark, or feature that is confusingly

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

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3.

Nasco is bound by the Permanent Injunction regardless of whether Mr. Martin

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

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

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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 Nasco shall be dismissed

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from the Action, with prejudice, with each party to bear their own attorneys’ fees and costs.

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IT IS SO ORDERED.

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Dated: 05/24/2017

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Hon. R. Gary Klausner
United States District Court Judge

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[PROPOSED] ORDER TO ENTER CONSENT DECREE