Playvision Labs, Inc. v. Roberts et al

Filing 42

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)
[e-mail]
JENNA F. KARADBIL #213574
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5406
Telephone: [phone]
Facsimile: [phone]
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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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