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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SREAM, INC, a California corporation, 12 Plaintiff, 13 14 No. 2:16-cv-02715-KJM-DB v. SONIYA VALLEY, LLC, et al., 15 Defendants. 16 17 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 18 19 20 21 22 23 24 25 26 27 28 1 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. 1 1 ORDER FOR PERMANENT INJUNCTION 2 3 This Court, having made the following findings of fact and conclusions of law pursuant to the parties’ stipulation: 4 A. Plaintiff Sream, Inc. (“Sream” or “Plaintiff”) filed suit against Defendant Soniya 5 Valley, LLC (“Soniya-LLC”), alleging that Soniya-LLC 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 July 8 17, 2017 (“Settlement Agreement”), which anticipates entry of the stipulated judgment set forth 9 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 Soniya-LLC as to disputes 13 occurring after July 17, 2017, between Soniya-LLC and Sream, and only for such purposes, 14 Soniya-LLC admits the following: 15 a. 16 owner of United States Trademark Registration Nos. 2,235,638; 2,307,176; and 3,675,839 17 (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 RooR 20 Marks in the United States. Mr. Birzle has been granted all enforcement rights to Sream 21 to sue to obtain injunctive and monetary relief for past and future infringement of the 22 RooR Marks. 23 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 24 (including its owners, shareholders, principals, officers, agents, servants, employees, independent 25 contractors, and partners), are permanently enjoined from producing, manufacturing, distributing, 26 selling, offering for sale, advertising, promoting, licensing, or marketing (a) any product bearing 27 the RooR Marks or (b) any design, mark, or feature that is confusingly similar to the RooR Marks 28 (collectively, the “Permanent Injunction”). 2 1 3. Soniya-LLC is bound by the Permanent Injunction regardless of whether Mr. 2 Martin 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 the 4 benefit of Mr. Martin Birzle and his successors, assignees, and licensees. 5 4. The Parties waive any rights to appeal this Permanent Injunction. 6 5. Defendant Soniya-LLC is dismissed from the Action, without prejudice, with each 7 8 9 party to bear their own attorneys’ fees and costs. IT IS SO ORDERED. DATED: July 20, 2017. 10 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?