Playvision Labs, Inc. v. Roberts et al
Filing
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ORDER GRANTING : 41 STIPULATED PERMANENT INJUNCTION AND STIPULATION OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 11/13/12. (jjoS, COURT STAFF) (Filed on 11/13/2012)
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JAMES G. GATTO (pro hac vice to be submitted)
james.gatto@pillsburylaw.com
JENNA F. KARADBIL #213574
jfk@pillsburylaw.com
PILLSBURY WINTHROP SHAW PITTMAN LLP
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5406
Telephone: (213) 488-7100
Facsimile: (213) 629-1033
Attorneys for Plaintiff
PLAYVISION LABS, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PLAYVISION LABS, INC., a California
corporation,
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Plaintiff,
vs.
GREG ROBERTS, an individual; and
SUZANNE ROBERTS, an individual,
Defendants.
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Case No.: CV 12-0171 JSW
STIPULATED PERMANENT INJUNCTION
AND STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON
Judge: Hon. Jeffrey S. White
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Having reached full and final settlement in the above matter, Plaintiff Playvision Labs,
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Inc. (“Playvision”) and Defendants Greg Roberts and Suzanne Roberts hereby request, pursuant
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to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), that the Court dismiss with prejudice all
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Complaints, claims and counterclaims asserted by any party in this matter. The parties’ dismissal
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is premised and conditioned upon the terms of that certain Settlement Agreement dated as of
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October 9, 2012 (“Settlement Agreement”).
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The parties stipulate and agree that this Court, the United States District Court for the
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Northern District of California, shall retain jurisdiction over this action and the parties in
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connection with this action and the Settlement Agreement.
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As part of the above-referenced settlement between Playvision and the Defendants, the
CV 12-0171 JSW
STIPULATED PERMANENT INJUNCTION AND
STIPULATION OF DISMISSAL
Case3:12-cv-00171-JSW Document41 Filed11/12/12 Page2 of 6
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parties further request that the Court issue and enter a permanent injunction, to which the parties
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have stipulated as follows:
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1.
Defendants, each of them, and any of their successors and assigns, any and all
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persons and entities acting in direct or indirect concert and/or participation with either or both of
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them, do not contest that Playvision is the owner of all right, title and interest in and to the
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PLAYMOTION registered trademark (Registration No. 3,106,580), the PLAYSDK trademark,
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and any other intellectual property of the former Playmotion, Inc. (aka Playmotion LLC and
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Fishboxer LLC).
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2.
Defendants, each of them, and any of their successors and assigns, and any and all
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persons and entities acting in direct or indirect concert and/or participation with either or both of
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them, shall and are hereby PERMANENTLY ENJOINED and restrained from adopting, using,
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applying to register or registering anywhere in the world, for any and all goods and services, the
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Marks (as defined in the Settlement Agreement), the names PLAYMOTION or PLAYSDK, any
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name containing the letter string “PLAYMOTION” or “PLAYSDK” (either as a standalone term
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or embedded within another term), or any other name, phrase or mark that may cause likelihood
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of confusion with or dilution of the Marks, nor will they assist any third party in doing so.
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3.
Defendants, each of them, and any of their successors and assigns, and any and all
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persons and entities acting in direct or indirect concert and/or participation with either or both of
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them, shall and are hereby PERMANENTLY ENJOINED and restrained from using, selling or
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offering for sale any goods or services that contain or utilize any Playmotion intellectual
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property. For purposes of this PERMANENT INJUNCTION, “use” includes but is not limited to
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use as a trade name, as a company name, as a business name, in a logo or slogan, as an e-mail
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address, in a domain name or URL, on websites, in correspondence, on letterhead, business
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cards, promotional and marketing materials, on goods, in software, and on signage.
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Should either of the Defendants violate any or all of the foregoing prohibitions in
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Paragraphs 1-5 above, such Defendant will be in violation of this Stipulated Permanent
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Injunction.
CV 12-0171 JSW
STIPULATED PERMANENT INJUNCTION AND
STIPULATION OF DISMISSAL
Case3:12-cv-00171-JSW Document41 Filed11/12/12 Page3 of 6
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Nothing in this Stipulated Permanent Injunction shall prohibit the parties from fulfilling
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their respective obligations under the Settlement Agreement.
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IT IS SO STIPULATED AND AGREED:
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Dated: September __, 2012.
PLAYVISION LABS, INC.
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By
Scott Wills
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Dated: September __, 2012.
GREG ROBERTS
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By
Greg Roberts
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Dated: September __, 2012.
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SUZANNE ROBERTS
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By
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Suzanne Roberts
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APPROVED AS TO FORM:
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Dated: September __, 2012.
PILLSBURY WINTHROP SHAW PITTMAN LLP
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By
Jenna F. Karadbil
Attorneys for PLAINTIFF
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Dated: September __, 2012.
MITCHELL + COMPANY
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By
Brian E. Mitchell
Attorneys for DEFENDANTS
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IT IS SO ORDERED.
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Dated: _________________
Honorable Jeffrey S. White
UNITED STATES DISTRICT COURT JUDGE
CV 12-0171 JSW
STIPULATED PERMANENT INJUNCTION AND
STIPULATION OF DISMISSAL
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November 13, 2012
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