Mystery Ranch, LTD. v. Rondayvu Manufacturing Corp et al
Filing
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ORDER granting 12 Motion for AMENDED Consent Decree. Signed by Judge Brian Morris on 1/11/2019. (HEG) (The word "Proposed" was inadvertently left on the Amended Consent Decree; main document corrected and replaced on 1/11/2019. NEF regenerated. ) (NOS)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
MYSTERY RANCH, LTD
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Plaintiff,
v.
RONDAYVU MANUFACTURING ,
CORP., and DALISAY “DAISY”
SLOWIK,
Defendants.
Case No. 2:18-CV-00022-BMM
AMENDED CONSENT DECREE
Pursuant to the stipulation between Plaintiff Mystery Ranch Ltd., (“Mystery
Ranch”) and Defendants Rondayvu Manufacturing Corp. (“Rondayvu”) and
Dalisay “Daisy” Slowik (“Slowick”) (together, “Defendants)” and for good cause
shown, it is hereby:
ORDERED that Defendants along with their directors, principals, officers,
agents, servants, employees, representatives, successors and assigns, and all those
persons or entities acting in concert or participation with them, shall be and hereby
are henceforth PERMANENTLY ENJOINED AND RESTRAINED excepting
those acts arising and preceding from performances in pursuance of and as by
products of the activities of sale, distributing, displaying or offering for sale of the
finished goods contemplated, including but not limited to all telephone and in1
person oral communications, all websites and internet usage, emails, and other
electronic media, and all letters, and other forms of promotional or marketing
materials whatsoever in so far as such acts are in pursuit of the terms and covenants
under the parties’ Settlement Agreement and Mutual Release from:
Using the Mystery Ranch marks henceforth from date of this issue, including,
but not limited to, U.S. Trademark Registration Nos. 2,472,169 (“MYSTERY
RANCH”) and 2,689,819 (“MYSTERY RANCH SYSTEM”) and any marks
similar thereto; and
Providing, offering, distributing, displaying or dispensing any goods or
services which contain, reference, display, or bear the MYSTERY RANCH marks,
and any marks similar thereto excepting those which may have been the subject
and/or by-product of the Purchase Order arising from the parties’ previously
effective License Agreement; and
Using the MYSTERY RANCH marks, and any names or marks similar
thereto, in connection with the identification, promotion, sale, or offering for sale
of any goods or services, including but not limited to all telephone and in-person
oral communications, all websites and internet usage, emails, and other electronic
media, and all printed promotional materials, flyers, letters, and other forms or
promotional or marketing materials whatsoever unless they be connected to or
arising from and by reference of defendants’ previous work with MYSTERY
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RANCH pursuant to their previously effective license Agreement and as their
actions are sanctioned by MYSTERY RANCH in connection with their settlement
Agreement and Mutual Release; and
Engaging in any conduct that tends to falsely represent that, or is likely to
confuse, mislead, or deceive, customers, suppliers, vendors, employees, and/or
members of the public to believe that the actions of Defendants are connected with
Mystery Ranch, are sponsored, approved, or licensed by Mystery Ranch, or are in
any way connected or affiliated with Mystery Ranch excepting only those as
stipulated by the parties relative to Defendants’ previous work with MYSTERY
RANCH.
Defendants shall be liable for the acts of employees and agents in
accordance with state and federal law.
SO ORDERED.
Dated:
Brian Morris
United States District Judge
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