Sream, Inc. v. Shobi, Inc. et al

Filing 10

STIPULATED CONSENT DECREE AND PERMANENT INJUNCTION signed by District Judge Kimberly J. Mueller on 4/19/17. (Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 Case No. 2:17-cv-00205-KJM-AC SREAM, INC, a California corporation, Plaintiff, STIPULATED ORDER TO: (1) ENTER CONSENT DECREE FOR PERMANENT INJUNCTION AGAINST DEFENDANT SHOBI, INC. (2) DISMISS DEFENDANT SHOBI, INC. FROM THE ACTION WITHOUT PREJUDICE v. 14 15 SHOBI, INC., et al., 16 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATION TO ENTER CONSENT DECREE 1 ORDER FOR PERMANENT INJUNCTION 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 5 Shobi, Inc. (“Shobi”), alleging that Shobi violated Sream’s rights under 15 U.S.C. §§ 1114, 6 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 April 19, 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 Shobi as to disputes occurring 13 after April 19, 2017, between Shobi and Sream, and only for such purposes, Shobi admits 14 the 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 April 19, 2017, Shobi, and those acting on Shobi’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 TO ENTER CONSENT DECREE 3. 1 Shobi 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. The Parties waive any rights to appeal this Permanent Injunction. 6 5. After entry of the Permanent Injunction, Defendant Shobi shall be dismissed 7 from the Action, without prejudice, with each party to bear their own attorneys’ fees and 8 costs. 9 6. The court in its discretion declines to maintain jurisdiction to enforce the terms 10 of the parties' settlement agreement. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 11 375, 381, 114 S. Ct. 1673, 128 L.Ed.2d 391 (1994); cf. Collins v. Thompson, 8 F.3d 657, 12 659 (9th Cir.1993). Unless there is some independent basis for federal jurisdiction, 13 enforcement of the agreement is for the state courts. Kokkonen, 511 U.S. at 382. 14 15 IT IS SO ORDERED. DATED: April 19, 2017. 16 17 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 3 ORDER TO ENTER CONSENT DECREE

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