Nifty After Fifty LLC v. Over Fifty Is Nifty LLC et al
Filing
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JUDGMENT and PERMANENT INJUNCTION filed by Judge David O. Carter against defendant Over Fifty Is Nifty LLC: (See document for details.) 6. The claims in Plaintiffs Complaint against Defendants that are not adjudicated by this Final Judgment and Perma nent Injunction are hereby dismissed without prejudice. 7. OFIN waives all rights to appeal this Final Judgment and Permanent Injunction. 8. Each party shall bear its own costs and fees incurred in this action up to the entry of the Final Judgment and Permanent Injunction. (MD JS-6, Case Terminated) (rla)
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STEPHENS FRIEDLAND LLP
Todd G. Friedland, Bar No. 187022
Email: todd@sf-lawyers.com
J. Gregory Dyer, Bar No. 218385
Email: greg@sf-lawyers.com
4695 MacArthur Court, Suite 1550
Newport Beach, CA 92660
Telephone: (949) 468-3200 Fax: (949) 468-3201
JS-6
Attorneys for Plaintiff
NIFTY AFTER FIFTY LLC
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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NIFTY AFTER FIFTY LLC, a
California limited liability
company,
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Plaintiff,
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FINAL JUDGMENT AND PERMANENT
INJUNCTION AGAINST DEFENDANT
OVER FIFTY IS NIFTY, LLC
vs.
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Case No.: SACV11-1203 DOC (MLGx)
OVER FIFTY IS NIFTY, LLC, a
Maryland limited liability company,
and HEALTHY SOLUTIONS,
LLC, a Maryland limited liability
company,
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Defendants.
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STEPHENS FRIEDLAND LLP
4695 MacArthur Court
Suite 1550
Newport Beach, California 92660
Telephone: (949) 468-3200
Facsimile: (949) 468-3201
___________________________________________________________________________________________________________________
FINAL JUDGMENT AND PERMANENT INJUNCTION
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Plaintiff Nifty After Fifty LLC (“NAF”), by its counsel Stephens Friedland
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LLP, and Defendant Over Fifty Is Nifty, LLC (“OFIN” or “Defendant”) have
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represented to the Court that they have executed a settlement agreement providing for
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the final resolution of all claims of relief pending between them and have agreed to
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the entry of this Final Judgment and Permanent Injunction. Accordingly, upon
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consent of NAF and Defendant (the “Parties”), it is hereby ORDERED that:
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1.
This Court has jurisdiction over the Parties.
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2.
This Court has subject matter jurisdiction over this matter pursuant to 28
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U.S.C. §§ 1331 and 1338, and venue is proper in this Judicial District pursuant to 28
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U.S.C. § 1391.
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3.
Defendant, including any subsidiaries, parent and affiliated companies,
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successors, assigns, officers, directors, representatives, agents, partners, and
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employees, and all those acting in concert or participation with Defendant
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(collectively the “Enjoined Parties”), shall, in connection with the operation of dating,
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companionship and social network services for seniors, including such online
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services:
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a.
Cease and desist all current use and hereafter refrain from the use
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of all marks, words, phrases, or names similar to U.S. Trademark Registration
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Numbers 3497131 (NIFTY AFTER FIFTY®) and 3462910 (NIFTY
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PEOPLE®) (collectively referred to herein as the “Nifty Marks”), including,
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but not limited to, “Over Fifty Is Nifty” or any other marks, words, phrases,
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pictures, and/or names similar to the Nifty Marks or incorporating the word
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“nifty”;
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b.
Remove all marks, words, phrases, pictures, logos or names similar
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to the Nifty Marks, including, but not limited to, “Over Fifty Is Nifty” or any
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other marks, words, phrases, pictures, or names similar to the Nifty Marks
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and/or incorporating the word “nifty” from all advertisements, marketing and
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STEPHENS FRIEDLAND LLP
4695 MacArthur Court
Suite 1550
Newport Beach, California 92660
Telephone: (949) 468-3200
Facsimile: (949) 468-3201
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FINAL JUDGMENT AND PERMANENT INJUNCTION
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promotional materials, printed materials, and any websites that Defendant
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controls or maintains, and refrain from such uses in the future;
c.
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Remove all references to “nifty” or any other marks, words,
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phrases, pictures, or names similar to the Nifty Marks and/or incorporating the
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word “nifty,” in the metatags of any websites that Defendant controls or
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maintains, and refrain from such uses in the future;
d.
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Refrain from interfering with NAF’s trademark registration rights
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and/or trademark applications filed by NAF, or filing or reviving any
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applications to federally register or register any state(s) trademarks or
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copyrights comprised of or incorporating “Over Fifty Is Nifty” and/or any other
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confusingly similar mark to the Nifty Trademarks, including any marks, words,
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phrases, pictures, or names incorporating the word “nifty”; and
e.
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4.
Cease operating under the name “Over Fifty Is Nifty, LLC.”
This Final Judgment and Permanent Injunction contained herein shall be
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binding upon the Enjoined Parties upon entry by the Court without further notice to
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any party. The Court shall retain jurisdiction of this matter for purposes of
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enforcement, performance, and modification of this Final Judgment and Permanent
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Injunction.
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5.
No bond shall be required to secure this Final Judgment and Permanent
Injunction.
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The claims in Plaintiff’s Complaint against Defendants that are not
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adjudicated by this Final Judgment and Permanent Injunction are hereby dismissed
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without prejudice.
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7.
OFIN waives all rights to appeal this Final Judgment and Permanent
Injunction.
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STEPHENS FRIEDLAND LLP
4695 MacArthur Court
Suite 1550
Newport Beach, California 92660
Telephone: (949) 468-3200
Facsimile: (949) 468-3201
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FINAL JUDGMENT AND PERMANENT INJUNCTION
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8.
Each party shall bear its own costs and fees incurred in this action up to
the entry of the Final Judgment and Permanent Injunction.
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IT IS SO ORDERED.
Dated: November 30, 2011
__________________________________
Honorable David O. Carter
U.S. District Court Judge
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STEPHENS FRIEDLAND LLP
4695 MacArthur Court
Suite 1550
Newport Beach, California 92660
Telephone: (949) 468-3200
Facsimile: (949) 468-3201
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FINAL JUDGMENT AND PERMANENT INJUNCTION
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