Tech 21 UK Limited et al v. Rubicon Ventures LLC

Filing 17

CONSENT JUDGMENT re 16 STIPULATION WITH PROPOSED ORDER RE CONSENT JUDGMENT filed by Tech 21 UK Limited, Tech 21 Licensing Limited. Signed by Judge Jon S. Tigar on January 12, 2017. (wsn, COURT STAFF) (Filed on 1/12/2017)

1 VIJAY K. TOKE (CA Bar No. 215079)
([e-mail])
2 COBALT LLP
918 Parker Street, Bldg. A21
3 Berkeley, CA 94710
Telephone: [phone]
4 Facsimile: [phone]
5 DAVID B. OWSLEY II (to be admitted pro hac vice)
([e-mail])
6 STITES & HARBISON PLLC
400 West Market Street, Suite 1800
7 Louisville, KY 40202-3352
Telephone: [phone]
8 Facsimile: [phone]
9 Attorneys for Plaintiffs
TECH 21 UK LIMITED and
10 TECH 21 LICENSING LIMITED
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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13

14 TECH 21 UK LIMITED, a UK company and
TECH 21 LICENSING LIMITED, a UK
15 company,
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17

Plaintiffs,

Case No.: 3:16-cv-07147-JST
CONSENT JUDGMENT

v.

18 RUBICON VENTURES LLC, a Massachusetts
limited liability company,
19
Defendant.
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This civil action has come before the Court, upon the pleadings of record, and it has been

23 represented to the Court that plaintiffs, Tech 21 UK Limited and Tech 21 Licensing Limited
24 (together “Tech21”), and defendant, Rubicon Ventures (“Rubicon”), have agreed to a final
25 resolution of this case on the terms and conditions set forth below:
26 / / /
27 / / /
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1
CONSENT JUDGMENT

1

WHEREFORE, with the consent of the parties, through their undersigned attorneys, and

2 with the approval of this Court, the Parties submit the following consent judgment.
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Background

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1.

Tech21 filed its Complaint, asserting claims for: (1) Trade Dress Infringement (15

5 U.S.C. § 1125(a)); (2) False Designation of Origin (15 U.S.C. §1125(a)); (3)
6 (California common law); (4)

Trade Dress Infringement

Unfair Business Practices (Cal. Bus. & Prof. Code §17200); (5) Design

7 Patent Infringement (35 U.S.C. §§ 271 & 289).
8

2.

This Court has jurisdiction over the parties and the subject matter of this action.

9

3.

Tech21 manufactures and sells a variety of protective cases and packaging to protect

10 handheld mobile electronic devices.
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4.

Rubicon manufactures and sells a variety of protective cases and packaging to

12 protect handheld mobile electronic devices.
13 IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
14

5.

Rubicon, and its affiliates, subsidiaries, officers, directors, agents, successors and

15 assigns, are hereby permanently restrained and enjoined from:
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(a) making, using, selling, offering for sale, and/or importing all units of the Phantom

17

product referenced in paragraphs 26-27 of the Complaint; and

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(b) making, using, selling, offering for sale, and/or importing protective cases that

19

practice the trade dress alleged in paragraphs 9-10 of the Complaint.

20

6.

Rubicon represents and warrants that it ceased selling and marketing the Phantom

21 product referenced in paragraphs 26-27 of the Complaint as of October 23, 2016.
22

7.

The Court retains jurisdiction to enforce the terms of this Judgment. Nonetheless,

23 Tech21 will not ask the Court to enforce this Consent Judgment or grant redress for any alleged
24 breach thereof unless and until Rubicon fails to remedy such breach within seven business days
25 after Tech21 e-mails a notice of breach to Rubicon ([e-mail]) and its litigation
26 counsel, Joel Leeman ([e-mail]).
27

8.

This Consent Judgment shall not be construed as an admission of liability

28 notwithstanding the injunctive relief set forth above.
2
CONSENT JUDGMENT

1

9.

This Consent Judgment represents a final resolution of this action. The entire action

2 shall be dismissed, and the clerk shall close the case.
3
4

CONSENTS, THROUGH COUNSEL OF RECORD

5
6 Dated: January 11, 2017

By:

7

Vijay K. Toke
COBALT LLP

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/s/ Vijay K. Toke____________

David B. Owsley II (to be admitted pro hac vice)
STITES & HARBISON PLLC

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10

Attorneys for Plaintiffs
TECH 21 UK LIMITED and
TECH 21 LICENSING LIMITED

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12
13 Dated: January 11, 2017

By:

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Bruce D. Sunstein
SUNSTEIN KANN MURPHY & TIMBERS LLP

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/s/ Bruce D. Sunstein__________

Attorneys for Defendant
RUBICON VENTURES

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17

18 PURSUANT TO STIPULATION, IT IS SO ORDERED.
19
January 12, 2017
20 DATED: ________________________

_____________________________________

21

Hon. Jon S. Tigar
United States District Court Judge

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3
CONSENT JUDGMENT