Sream, Inc. v. T&N Enterprises, Inc. et al

Filing 16

STIPULATION and ORDER entering consent decree for permanent injunction against defendant T&N Enterprises, Inc., signed by District Judge Morrison C. England, Jr., on 5/31/17. Defendant T&N is DISMISSED with prejudice. Each party to bear their own attorneys' fees and costs. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SREAM, INC, a California corporation,

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Case No. 2:16-cv-02646-MCE-DB

Plaintiff,

STIPULATED ORDER TO:
(1) ENTER CONSENT DECREE
FOR PERMANENT
INJUNCTION AGAINST
DEFENDANT T&N
ENTERPRISES, INC.
(2) DISMISS DEFENDANT T&N
ENTERPRISES, INC. FROM
THE ACTION WITH
PREJUDICE

v.
T&N ENTERPRISES, INC., et al.,

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Defendants.

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ORDER ENTERING CONSENT DECREE; DISMISSAL OF ACTION

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ORDER FOR PERMANENT INJUNCTION AND DISMISSAL

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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 T&N

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Enterprises, Inc. (“T&N”), alleging that T&N 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 31, 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 T&N as to disputes occurring

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after May 31, 2017, between T&N and Sream, and only for such purposes, T&N admits the

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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 31, 2017, T&N, and those acting on T&N’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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ORDER ENTERING CONSENT DECREE; DISMISSAL OF ACTION

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3.

T&N 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 T&N 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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7.

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dismissal has been effectuated.

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IT IS SO ORDERED.

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The Clerk of Court is directed to close the file once the above-described

Dated: May 31, 2017

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ORDER ENTERING CONSENT DECREE; DISMISSAL OF ACTION