AGS, LLC et al v. Galaxy Gaming, Inc.

Filing 122

ORDER Granting 121 Stipulated Permanent Injunction. The Stay in this action 96 is hereby Lifted. Signed by Judge Lloyd D. George on 7/22/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:14-cv-02018-LDG-CWH Document 121 Filed 07/18/16 Page 1 of 3

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MICHAEL D. ROUNDS ESQ.
Nevada Bar No. 04734
RYAN J. CUDNIK, ESQ.
Nevada Bar No. 12948
BROWNSTEIN HYATT FARBER
SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106
Telephone: [phone]
Facsimile: [phone]
E-Mail:
[e-mail]
[e-mail]
Attorneys for Defendant and Counterclaimant
Galaxy Gaming, Inc.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AGS, LLC, a Delaware limited liability
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Nevada corporation,
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Plaintiffs/Counter-Defendants,
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v.
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GALAXY GAMING, INC., a Nevada
16 corporation,

CASE NO.:

2:14-cv-02018-LDG-(CWH)

STIPULATED PERMANENT
INJUNCTION

Defendant/Counterclaimant.

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Plaintiffs and Counter-Defendants AGS, LLC (“AGS”) and Red Card Gaming, Inc.

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(“RCG”), and Defendant and Counterclaimant Galaxy Gaming, Inc. (“Galaxy”), by and

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through their respective undersigned counsel, hereby stipulate and agree as follows:

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1)

The Stay in this action (ECF No. 96) is hereby lifted.

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2)

Galaxy is the owner of any and all rights to the High Card Flush game and

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trademark.

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3)

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(a) RCG and AGS, and their officers, agents, servants, employees and
attorneys, and other persons who act in concert or participation with them,
shall be enjoined from competing with Galaxy’s High Card Flush game in
the casino table game marketplace through the advertising, marketing,
lease, continued lease, sale or offer for sale of the High Card Flush table
game; and

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11114-78/1713983.doc

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Case 2:14-cv-02018-LDG-CWH Document 121 Filed 07/18/16 Page 2 of 3

(b) RCG and AGS shall further be enjoined in the casino table game
marketplace from advertising, marketing, licensing, distributing, leasing or
continuing to lease, sell or offer for sale any product or service under the
trade name or trademark “High Card Flush,” including the logo designed by
Galaxy, and used by both parties, or any confusingly similar variations
thereof.

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4)

This Court retains jurisdiction concerning the enforcement of this Stipulated

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Permanent Injunction or any issue related to the parties’ Settlement Agreement related thereto

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and upon which it is based.

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Dated this 18th day of July, 2016.

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HOLLEY DRIGGS WALCH FINE
11 WRAY PUZEY & THOMPSON

BROWNSTEIN HYATT FARBER
SHRECK, LLP

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/s/ Ryan J. Cudnik
MICHAEL D. ROUNDS ESQ.
Nevada Bar No. 04734
RYAN J. CUDNIK, ESQ.
Nevada Bar No. 12948
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106

/s/ James D. Boyle
JAMES D. BOYLE, ESQ.
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Nevada Bar No. 08384
14 400 South Fourth Street
Suite 300
15 Las Vegas, Nevada 89101
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Gaming, Inc.
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Attorneys for Defendant and
Counterclaimant Galaxy Gaming, Inc.

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE /
UNITEDD. GEORGE
LLOYD STATES MAGISTRATE JUDGE

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DATED:

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11114-78/1713983.doc

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July 2016