Sream, Inc. v. Soniya Valley, LLC

Filing 17

STIPULATED ORDER re PERMANENT INJUNCTION signed by District Judge Kimberly J. Mueller on 7/20/17: The Parties waive any rights to appeal this Permanent Injunction. Defendant Soniya-LLC is dismissed from the Action, without prejudice, with each party to bear their own attorneys' fees and costs. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SREAM, INC, a California corporation,

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Plaintiff,

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No. 2:16-cv-02715-KJM-DB

v.
SONIYA VALLEY, LLC, et al.,

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Defendants.

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STIPULATED ORDER WITH COURT
MODIFICATION TO:
(1) ENTER CONSENT DECREE FOR
PERMANENT INJUNCTION1 AGAINST
DEFENDANT SONIYA VALLEY, LLC
(2) DISMISS DEFENDANT SONIYA
VALLEY, LLC FROM THE ACTION
WITHOUT PREJUDICE

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The court has stricken the paragraph originally numbered 4 from the parties’ stipulation. The
parties have not provided a copy of their agreement for the court’s review and the court was not
involved in assisting the parties reach agreement. Moreover, the court in its discretion declines to
maintain jurisdiction to enforce the terms of the parties' settlement agreement. Kokkonen v.
Guardian Life Ins. Co. of Am., 511 U.S. 375, 381, 114 S. Ct. 1673, 128 L.Ed.2d 391 (1994); cf.
Collins v. Thompson, 8 F.3d 657, 659 (9th Cir.1993). Unless there is some independent basis for
federal jurisdiction, enforcement of the agreement is for the state courts. Kokkonen, 511 U.S. at
382.
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ORDER FOR PERMANENT INJUNCTION

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This Court, having made the following findings of fact and conclusions of law pursuant to
the parties’ stipulation:

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A.

Plaintiff Sream, Inc. (“Sream” or “Plaintiff”) filed suit against Defendant Soniya

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Valley, LLC (“Soniya-LLC”), alleging that Soniya-LLC 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 July

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17, 2017 (“Settlement Agreement”), which anticipates entry of the stipulated judgment set forth

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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 Soniya-LLC as to disputes

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occurring after July 17, 2017, between Soniya-LLC and Sream, and only for such purposes,

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Soniya-LLC admits the following:

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a.

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owner of United States Trademark Registration Nos. 2,235,638; 2,307,176; and 3,675,839

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(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 RooR

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Marks in the United States. Mr. Birzle has been granted all enforcement rights to Sream

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to sue to obtain injunctive and monetary relief for past and future infringement of the

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RooR Marks.

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2.

Mr. Martin Birzle is now, and has been at all times since the dates of issuance, the

Effective July 17, 2017, Soniya-LLC, and those acting on Soniya-LLC’s behalf

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(including its owners, shareholders, principals, officers, agents, servants, employees, independent

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contractors, and partners), are permanently enjoined from producing, manufacturing, distributing,

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selling, offering for sale, advertising, promoting, licensing, or marketing (a) any product bearing

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the RooR Marks or (b) any design, mark, or feature that is confusingly similar to the RooR Marks

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(collectively, the “Permanent Injunction”).
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3.

Soniya-LLC is bound by the Permanent Injunction regardless of whether Mr.

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Martin 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 the

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benefit of Mr. Martin Birzle and his successors, assignees, and licensees.

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4.

The Parties waive any rights to appeal this Permanent Injunction.

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5.

Defendant Soniya-LLC is dismissed from the Action, without prejudice, with each

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party to bear their own attorneys’ fees and costs.
IT IS SO ORDERED.
DATED: July 20, 2017.

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UNITED STATES DISTRICT JUDGE

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