Back Shop Tiefkuhl GMBH v. GN Trade, Inc. et al

Filing 67

STIPULATION AND ORDER FOR JUDGMENT AND PERMANENT INJUNCTION signed by Senior Judge William B. Shubb on 4/14/2014. (Michel, G)

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GLENN W. PETERSON, ESQ. (SBN 126173)
MILLSTONE PETERSON & WATTS, LLP
Attorneys at Law
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Telephone No: [phone]
Fax No: [phone]
Attorneys for Plaintiff
Back Shop Tiefkühl GmbH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BACK SHOP TIEFKÜHL GMBH, a Foreign
Corporation
Plaintiff,

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vs.

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GN TRADE, INC., A California Corporation;
VLADIMIR DEMIN; VLADIMIR
SHEVCHENKO; ALEX ALMANSKY; and
DOES 1 through 10, inclusive,

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Defendants.

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Case No. 2:12-CV-00540-WBS-KJN
STIPULATION AND ORDER FOR
JUDGMENT AND PERMANENT
INJUNCTION
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JUDGMENT AND PERMANENT INJUNCTION

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Counsel for Plaintiff Back Shop Tiefkühl GmbH (“Plaintiff”), and Counsel for Defendant

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Alex Almansky (“Almansky”) respectfully submit this stipulation for approval and entry by the

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Court.

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Pursuant to a written settlement agreement executed concurrently with this stipulation, the
parties have agreed as follows:
A. Plaintiff, Back Shop Tiefkuhl Gmbh, has filed a Complaint against the defendant, Alex
Almansky, individually, in connection with which Plaintiff seeks injunctive relief.
B. Almansky does not admit the allegations in the Complaint, except he admits that the
Court has jurisdiction over him and over the subject matter of this action.

STIPULATED JUDGMENT AND PERMANENT INJUNCTION

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C. Almansky consents to entry of this Final Judgment of Permanent Injunction without

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admission of liability for the claims and allegations alleged.

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STIPULATIONS
Based upon the foregoing, the parties hereby stipulate and agree to the following relief:
1.

That Plaintiff exclusively possesses all rights to reproduce, sell, distribute and sub-

license the copyrighted works underlying this lawsuit and protected by the following certificates of
registration: U.S. Copyright Office Service Request No. 1-731472931 (dated 2/28/12); Title: Back
Shop Die Tiefkühlbäcker Web Site; Nature of Work: On line Work- Photos and Text. Evidence that
Plaintiff has filed, and the Copyright Office has received the required application, fees and material
being registered is attached hereto marked Exhibit "1". (Herein “copyrights in suit”).
2.

That the copyrights in suit are valid and enforceable.

3.

That Almansky be permanently enjoined and shall now and henceforth cease and

desist using, running, downloading or reproducing any version of Plaintiff’s web site and/or the text
and images portrayed therein, as well as Plaintiff’s article numbers depicted in Plaintiff’s product
catalogue. Almansky shall not knowingly aid or facilitate others to do any act prohibited by this
paragraph. Plaintiff has approved the web site pages used by Almansky and his company UA Trade,
Inc. dba BreadMeister, (“UA Trade”) including the text, images and article numbers used therein as
non-infringing and consistent with Exhibit 3 of the parties’ settlement agreement. Neither Almansky
nor UA Trade shall have any derivative liability for the acts or omissions of persons or entities that
he or it does not control, nor knowingly act in concert with.
4.

That Almansky and his respective agents, servants, employees, attorneys, and other

persons in active concert or participation with them, is permanently enjoined from directly or
indirectly using in commerce the trademarks BACK SHOP, HARRY BROT, or any words, marks,
or phrases confusingly similar thereto, either alone or in combination with other words, marks, or
phrases, and including any plural forms, in any style, form or media whatsoever, including without
limitation, on or in connection with the Internet, such as in an Internet domain name, as a sponsored
link or associated keyword, in connection with an Internet web page, or as HTML code for an
Internet website in any manner, such as the title or keyword portions of a metatag, or
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STIPULATED JUDGMENT AND PERMANENT INJUNCTION

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otherwise. Neither Almansky nor UA Trade shall have any derivative liability for the acts or
omissions of persons or entities that he or it does not control, nor knowingly act in concert with.
5.

The fictitiously-named “Doe” defendants are hereby dismissed.

6.

The forgoing injunctions shall be fully enforceable under the contempt powers of this

Court, in any Federal District in which Almansky is subject to jurisdiction, now or in the future. In
addition to any other relief which may be appropriate, Plaintiff shall be entitled to recover monetary
damages, according to proof, for each day Almansky remains in violation of these injunctions. The
prevailing party shall recover its attorneys’ fees and costs incurred for any actions or proceedings
undertaken to compel enforcement of this judgment.
7.

Each party will bear the costs incurred by them in connection with the prosecution or

defense of this Action.

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DATED: March 17, 2014

MILLSTONE, PETERSON & WATTS, LLP
Attorneys at Law

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By:

/S/ GLENN W. PETERSON
GLENN W. PETERSON
Attorneys for Plaintiff
Back Shop Tiefkühl GmbH

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DATED: April 9, 2014

LAW OFFICES OF RODNEY T. LEWIN, APC

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By:

/S/ LAURA SHIDLOVITSKY
(AS AUTHORIZED ON 04/09/2014)
LAURA SHIDLOVITSKY
Attorneys for Defendant
Alex Almansky

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JUDGMENT IS HEREBY ENTERED ACCORDINGLY.
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SO ORDERED.
Dated: April 14, 2014

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STIPULATED JUDGMENT AND PERMANENT INJUNCTION