Mya Saray LLC v. Zahrah Corporation et al

Filing 33

STIPULATED PERMANENT INJUNCTION filed by Judge Manuel L. Real (pj)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11 MYA SARAY LLC,

Plaintiff,

12
13

vs.

14 ZAHRAH CORPORATION, AAA

WHOLESALE DISTRIBUTORS
15 CORP., DOWNTOWN HOOKAH
CONNECTION, INC., BOBBY
16 FARARS (DBA US GLOBAL
IMPORTS), and JOHN DOE
17 DEFENDANT Nos. 1-10,
Defendants.

18
19

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. SACV13-01828-R
The Honorable Manuel L. Real
STIPULATED PERMANENT
INJUNCTION

This matter is before the Court on the stipulated motion of Plaintiff, Mya Saray

20 LLC (“Mya Saray”) and Defendant Zahrah Corporation (“Zahrah”) for entry of
21 Stipulated Permanent Injunction, having agreed to a compromise and settlement of
22 this action.
23

IT IS HEREBY FOUND, ORDERED, ADJUDGED WITH CONSENT OF

24 THE PARTIES that:
25

1.

Zahrah, is or has been, among other things, importing, selling, and/or

26 offering for sale hookahs and hookah accessories, including it “Simple,” “Fing,” and
27 “Modern” hookahs (collectively, “Accused Hookahs”).
28
205426 V1

[PROPOSED] STIPULATED PERMANENT INJUNCTION

1

2.

Mya Saray owns and has standing to sue fo infringement of federal

2

trademar Registration No. 3,845,276 (“QT Base Trademark”) and United States Patent

3

Nos. 7,806,123 (“the ‘123 patent”) and 8,001,978 (“the ‘978 patent”).

4
5
6
7
8
9

3.

Mya Saray’s QT Base Trademark, the ‘123 patent, and the ‘978 patent

are valid and enforceable against Zahrah.
4.

Zahrah’s Accused Hookahs are covered by the QT Base Trademark and

at least on claim of the ‘123 patent and the ‘978 patent.
5.

This Court permanently enjoins Zahrah as well as those persons or

complanies in active concert or participation with Zahrah who receive actual notice of

10

the order by personal service or otherwise from making, using, selling , offering for

11

sale or importing into the United States Accused Hookahs that infringe the QT Base

12

Trademark or any claims of the ‘123 patent or ‘978 patent, or that are not colorably

13

different from the Accused Hookahs.

14
15
16

6.

This Court retains jurisdiction over Mya Saray and Zahrah to the extent

necessary to enforce the terms of this Stipulated Permanent Injunction.
7.

This Stipulated Permanent Injunction shall be binding upon and shall

17

inure to the benefit of Mya Saray and Zahrah, as well as each of their respective

18

subsidiaries, corporate parents, affiliates, and/or successors and assigns.

19
20
21
22
23

Dated:

June 24, 2014

Hon. Manuel L. Real
United States District Court Judge

24
25
26
27
28

2
205426 V1

[PROPOSED] STIPULATED PERMANENT INJUNCTION