Ignacio Orozco v. Abel Sandoval et al

Filing 59

STIPULATED JUDGMENT AND PERMANENT INJUNCTION by Judge James V. Selna, re: Stipulation for Judgment 58 . (see document for details). (dro)

1
2
3
4

STEVEN J. EYRE, CB# 119714
3550 WILSHIRE BOULEVARD, SUITE 420
LOS ANGELES, CALIFORNIA 90010
[phone]
fax [phone]
[e-mail]

5
6

Attorney for plaintiff

7
8
9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

11
12
13

No. SACV 15-00937 JVS (AJWx)

IGNACIO OROZCO,

14

STIPULATED JUDGMENT AND
PERMANENT INJUNCTION

Plaintiff,

15
16
17
18

-vs.ABEL SANDOVAL, et al.,
Defendants.

19
20
21

Plaintiff Ignacio Orozco filed his Complaint herein on June 12, 2015

22

for federal trademark infringement and unfair competition under 15 U.S.C. §

23

1125(a)(1)(A), for commercial disparagement under 15 U.S.C. § 1125(a)(1)(B),

24

for counterfeiting of a federally registered mark under 15 U.S.C. § 1114(1)(a), for

25

state law trade name infringement and dilution under California Business &

26

Professions Code §§ 14330 et seq. and §§ 14402 et seq., for common law

27

interference with prospective business advantage, accounting and injunctive relief

28

(“this Action”).
-1STIPULATED JUDGMENT AND PERMANENT INJUNCTION

Plaintiff Ignacio Orozco and defendant Abel Sandoval have entered

1
2

into a Stipulation for Entry of Judgment and Permanent Injunction as to Defendant

3

Abel Sandoval (hereinafter, “the Stipulation”) and Settlement Agreement and

4

Mutual Release (“Settlement”) with respect to the settlement of this Action as

5

between the parties without adjudication of any issue of fact or law.
THEREFORE, based upon the stipulation of the parties, it is hereby

6
7

ORDERED, ADJUDGED AND DECREED as follows:
FINDINGS

8
9

1.

This Court has jurisdiction over the claims brought by plaintiff under

10

28 U.S.C. §§ 1331 and 1138(a), and under 15 U.S.C. § 1125(a)(1)(A), 15 U.S.C. §

11

1125(a)(1)(B), 15 U.S.C. § 1114(1)(a) and 15 U.S.C. § 1125(c), as well as over

12

plaintiff’s supplemental state law claims, as provided under 28 U.S.C. § 1367.

13

The Court has jurisdiction over the parties.

14
15

2.

Venue in the Central District of California, United States District Court

(“this federal district”) is proper.

16

3.

17

granted.

18

4.

Plaintiffs’ Complaint in this action states claims for which relief can be
Plaintiff Ignacio Orozco is the owner of the mark VIENTO Y SOLS

19

and of the registration of the mark VIENTO Y SOL with the United States Patent

20

and Trademark Office (“USPTO”), Reg. No. 4,524,385, which registration is in

21

full force and effect as of the date of this stipulation.

22
23
24

5.

The parties have entered into the Stipulation freely and without

coercion.
6.

The parties have acknowledged having reviewed the provisions of the

25

Stipulation as well as this Judgment, and their willingness to abide by their

26

provisions.

27
28

-2STIPULATED JUDGMENT AND PERMANENT INJUNCTION

1

7.

The parties have stipulated that this Judgment may be entered as set

2

forth below without the taking of evidence, and without trial before a judge or

3

jury, and to resolve all matters of dispute between the parties to the Stipulation.

4
5
6

8.

Each party to the Stipulation has waived any right to take an appeal

from this Judgment.
9.

Each party to the Stipulation has agreed that such party does not, and

7

will not, oppose entry of the Judgment and Permanent Injunction on the grounds

8

that it fails to comply with Rule 65(d) of the Federal Rules of Civil Procedure.

9

10. Each party to the Stipulation has agreed to bear such party’s own costs

10

of suit and attorney’s fees incurred in connection with this Action, any and all

11

related settlement procedures, the Stipulation, and any and all actions set forth

12

under the Settlement, unless otherwise expressly indicated in the Stipulation or in

13

the Settlement.
ORDER

14
15

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:

16

1.

17

parties hereto.

18

2.

19
20

This Court has jurisdiction over the subject matter of this action and the
Judgment is hereby entered in favor plaintiff Ignacio Orozco and

against defendant Abel Sandoval on all causes of action of the Complaint.
3.

Defendant Abel Sandoval, his respective officers, agents, servants and

21

employees, and those persons in active concert or participation with any of the

22

foregoing who receive actual notice of this Order by personal service or otherwise

23

are hereby PERMANENTLY ENJOINED AND RESTRAINED from engaging in

24

or performing any of the following acts:

25

a.

Using the mark VIENTO Y SOL, or any colorable imitation or

26

confusingly similar name, logo or identification thereof in connection with

27

advertising or promotion of musical services or products of defendant Abel

28

Sandoval;

-3STIPULATED JUDGMENT AND PERMANENT INJUNCTION

1

b.

Using the mark VIENTO Y SOL, or any colorable imitation or

2

confusingly similar name, logo or identification in any manner for the purpose of

3

enhancing the commercial value of the musical services or products of defendant

4

Abel Sandoval or defendant’s musical group, or any person in active concert or

5

participation with defendant;

6

c.

Contacting promoters, advertisers or other business for the purposes of

7

offering the musical services or products of defendant Abel Sandoval in connection

8

with the mark VIENTO Y SOL, or any colorable imitation or confusingly similar

9

name, logo or identification.

10
11
12

4.

The Court shall have continuing jurisdiction over the Stipulation and

the Judgment, and for applications for contempt or any other related matter.
5.

Each party shall be entitled to conduct post-judgment discovery for the

13

purpose of determining compliance and enforcing the terms of the Stipulation, the

14

Settlement and this Judgment.

15

6.

Although the parties may be provided a copy of this Judgment in

16

Spanish, the version that shall be used for the interpretation and enforcement of

17

this Judgment shall be the English version.

18
19

7.
IT IS SO ORDERED.

20
21

Dated: August 25, 2017

______________________________
HON. JAMES V. SELNA
United States District Judge

22
23
24
25
26
27
28

-4STIPULATED JUDGMENT AND PERMANENT INJUNCTION