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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SREAM, INC, a California corporation, 12 13 14 15 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., 16 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 ORDER ENTERING CONSENT DECREE; DISMISSAL OF ACTION 1 ORDER FOR PERMANENT INJUNCTION AND DISMISSAL 2 This Court, having made the following findings of fact and conclusions of law 3 4 pursuant to the parties’ stipulation: A. Plaintiff Sream, Inc. (“Sream” or “Plaintiff”) filed suit against Defendant T&N 5 Enterprises, Inc. (“T&N”), alleging that T&N violated Sream’s rights under 15 U.S.C. 6 §§ 1114, 1116, 1125(a), (c), and (d), and Cal. Bus & Prof. § 17200 et seq. (“Action”); 7 B. The Parties entered into a confidential settlement agreement effective as of 8 May 31, 2017 (“Settlement Agreement”), which requires entry of the stipulated judgment 9 set forth herein; 10 11 12 And good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 1. For the purposes of binding preclusive effect on T&N as to disputes occurring 13 after May 31, 2017, between T&N and Sream, and only for such purposes, T&N admits the 14 following: 15 a. Mr. Martin Birzle is now, and has been at all times since the dates of issuance, 16 the owner of United States Trademark Registration Nos. 2,235,638; 2,307,176; 17 and 3,675,839 (the “RooR Marks”) and of all rights thereto and thereunder. 18 b. The RooR Marks are valid and enforceable. 19 c. Since at least 2013, Plaintiff Sream has been the exclusive licensee of the 20 RooR Marks in the United States. Mr. Birzle has been granted all 21 enforcement rights to Sream to sue for obtain injunctive and monetary relief 22 for past and future infringement of the RooR Marks. 23 2. Effective May 31, 2017, T&N, and those acting on T&N’s behalf (including 24 its owners, shareholders, principals, officers, agents, servants, employees, independent 25 contractors, and partners), are permanently enjoined from producing, manufacturing, 26 distributing, selling, offer for sale, advertising, promoting, licensing, or marketing (a) any 27 product bearing the RooR Marks or (b) any design, mark, or feature that is confusingly 28 similar to the RooR Marks (collectively, the “Permanent Injunction”). 2 ORDER ENTERING CONSENT DECREE; DISMISSAL OF ACTION 1 3. T&N is bound by the Permanent Injunction regardless of whether Mr. Martin 2 Birzle assigns or licenses his intellectual property rights to another for so long as such 3 trademark rights are subsisting, valid, and enforceable. The Permanent Injunction inures to 4 the benefit of Mr. Martin Birzle successors, assignees, and licensees. 5 4. This Court (or if this Court is unavailable, any court within the Central District 6 of California) shall retain jurisdiction over all disputes between and among the Parties 7 arising out of the Settlement Agreement and Permanent Injunction, and interpretation of 8 their respective terms. 9 5. The Parties waive any rights to appeal this Permanent Injunction. 10 6. After entry of the Permanent Injunction, Defendant T&N shall be dismissed 11 from the Action, with prejudice, with each party to bear their own attorneys’ fees and costs. 12 7. 13 dismissal has been effectuated. 14 IT IS SO ORDERED. 15 The Clerk of Court is directed to close the file once the above-described Dated: May 31, 2017 16 17 18 19 20 21 22 23 24 25 26 27 28 3 ORDER ENTERING CONSENT DECREE; DISMISSAL OF ACTION

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