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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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.

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SHOBI, INC., et al.,

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Defendants.

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STIPULATION TO ENTER CONSENT DECREE

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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

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pursuant to the parties’ stipulation:
A.

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

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Shobi, Inc. (“Shobi”), alleging that Shobi violated Sream’s rights under 15 U.S.C. §§ 1114,

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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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April 19, 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:
1.

For the purposes of binding preclusive effect on Shobi as to disputes occurring

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after April 19, 2017, between Shobi and Sream, and only for such purposes, Shobi admits

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the 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 April 19, 2017, Shobi, and those acting on Shobi’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 TO ENTER CONSENT DECREE

3.

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Shobi 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.

The Parties waive any rights to appeal this Permanent Injunction.

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5.

After entry of the Permanent Injunction, Defendant Shobi shall be dismissed

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from the Action, without prejudice, with each party to bear their own attorneys’ fees and

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costs.

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6.

The court in its discretion declines to maintain jurisdiction to enforce the terms

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of the parties' settlement agreement. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S.

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375, 381, 114 S. Ct. 1673, 128 L.Ed.2d 391 (1994); cf. Collins v. Thompson, 8 F.3d 657,

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659 (9th Cir.1993). Unless there is some independent basis for federal jurisdiction,

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enforcement of the agreement is for the state courts. Kokkonen, 511 U.S. at 382.

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IT IS SO ORDERED.
DATED: April 19, 2017.

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UNITED STATES DISTRICT JUDGE

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ORDER TO ENTER CONSENT DECREE