Tramos International N.V. v. Christine A. May et al

Filing 60

ORDER OF DISMISSAL OF PLAINTIFF'S CLAIMS FOR RELIEF WITH PREJUDICE, AND ENTRY OF CONSENT DECREE AND PERMANENT INJUNCTION on ECF No. 58 Stipulation. Signed by Judge Larry R. Hicks on 7/18/2017. (Attachments: # 1 Consent Decree and Permanent Injunction)(Copies have been distributed pursuant to the NEF - DRM)

Case 3:15-cv-00620-LRH-VPC Document 58 Filed 07/17/17 Page 1 of 3

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MICHAEL D. ROUNDS (NV Bar No. 4734)
[e-mail]
STEVEN A. CALOIARO (NV Bar No. 12344)
[e-mail]
BROWNSTEIN HYATT FARBER SCHRECK LLP
5371 Kietzke Lane
Reno, Nevada 89511
Telephone: [phone]
Facsimile: 775.333.8171
MARK T. JANSEN (pro hac vice)
[e-mail]
PILAR R. STILLWATER (pro hac vice)
CROWELL & MORING LLP
275 Battery Street, 23rd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.986.2827

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Attorneys for Plaintiff
TRAMOS INTERNATIONAL N.V.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRAMOS INTERNATIONAL N.V., a
Belgium corporation,

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Plaintiff,
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v.
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Case No. 3:15-cv-00620-LRH-VPC
JOINT STIPULATION RE DISMISSAL OF
PLAINTIFF’S CLAIMS FOR RELIEF
WITH PREJUDICE, AND FOR ENTRY OF
[PROPOSED] CONSENT DECREE AND
PERMANENT INJUNCTION

CHRISTINE A. MAY, R. PARKIN MAY;
JAMES R. ESPOSITO, BERGDAHL
ASSOCIATES, INC., a Nevada
corporation, AND RPM TECHNOLOGY
LLC, a Nevada limited-liability company,

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Defendants.
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C ROWELL
& M ORING LLP

JOINT STIPULATION RE ENTRY OF [PROPOSED]
CONSENT DECREE AND PERMANENT INJUNCTION;
CASE NO. 3:15-CV-00620-LRH-VPC

ATTO RNEY S AT LAW

BRACTIVE-4141916.1

Case 3:15-cv-00620-LRH-VPC Document 58 Filed 07/17/17 Page 2 of 3

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WHEREAS Plaintiff Tramos International N.V. (“Tramos”) having filed a Complaint, and

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an amended Complaint (hereafter, “Complaint”), in this action alleging Defendants Christine A.

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May, R. Parkin May, James Esposito, Bergdahl Associates, Inc., and RPM Technology LLC

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(“Defendants”) with, inter alia, copyright and trademark infringement, and such allegations

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having been wholly denied by the Defendants, and the Parties having entered into a confidential

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Settlement and Release Agreement;

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The parties, by and through their counsel of record, stipulate and agree as follows:

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1.

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That a [Proposed] Consent Decree and Permanent Injunction, in the form attached

hereto as Exhibit 1, shall be and hereby is, entered and made enforceable, upon the terms set forth

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in that document.

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2.

That, subsequent to and conditioned upon entry of the Consent Decree and

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Permanent Injunction as an order of this Court, all claims for relief stated in the Complaint, as

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amended, and each of them shall be dismissed with prejudice, each party to bear their own costs

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and attorneys’ fees.

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3.

The Consent Decree shall remain binding and enforceable notwithstanding the

dismissal of this action with prejudice.
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This Stipulation shall be binding on and inure to the benefit of the Parties to it,

their successors, heirs, and assigns.
IT IS SO STIPULATED.

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DATED: July 17, 2017

CROWELL & MORING LLP

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By: /s/ Mark T. Jansen
Mark T. Jansen

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Attorneys for Plaintiff
TRAMOS INTERNATIONAL N.V.

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C ROWELL
& M ORING LLP

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ATTO RNEY S AT LAW

BRACTIVE-4141916.1

JOINT STIPULATION RE DISMISSAL, [PROPOSED]
CONSENT DECREE & PERMANENT INJUNCTION;
CASE NO. 3:15-CV-00620-LRH-VPC

Case 3:15-cv-00620-LRH-VPC Document 58 Filed 07/17/17 Page 3 of 3

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DATED: July 17, 2017

GUNDERSON LAW FIRM

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By: /s/ Catherine A. Reichenberg
Catherine A. Reichenberg
Mark H. Gunderson

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Attorneys for Defendants
CHRISTINE A. MAY, R. PARKIN MAY,
JAMES R. ESPOSITO, BERGDAHL
ASSOCIATES, INC., AND
RPM TECHNOLOGY LLC,

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IT IS SO ORDERED.

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DATED this 18th day of 2017
DATED: __________________,July, 2017.
__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT JUDGE

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C ROWELL
& M ORING LLP

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ATTO RNEY S AT LAW

BRACTIVE-4141916.1

JOINT STIPULATION RE ENTRY OF [PROPOSED]
CONSENT DECREE AND PERMANENT INJUNCTION;
CASE NO. 3:15-CV-00620-LRH-VPC

EXHIBIT 1

Case 3:15-cv-00620-LRH-VPC Document 59 Filed 07/17/17 Page 1 of 3

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MICHAEL D. ROUNDS (NV Bar No. 4734)
[e-mail]
STEVEN A. CALOIARO (NV Bar No. 12344)
[e-mail]
BROWNSTEIN HYATT FARBER SCHRECK LLP
5371 Kietzke Lane
Reno, Nevada 89511
Telephone: [phone]
Facsimile: 775.333.8171
MARK T. JANSEN (pro hac vice)
[e-mail]
PILAR R. STILLWATER (pro hac vice)
CROWELL & MORING LLP
275 Battery Street, 23rd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.986.2827

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Attorneys for Plaintiff
TRAMOS INTERNATIONAL N.V.

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13

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRAMOS INTERNATIONAL N.V., a
Belgium corporation,

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Plaintiff,

Case No. 3:15-cv-00620-LRH-VPC
[PROPOSED] CONSENT DECREE AND
PERMANENT INJUNCTION

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v.
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CHRISTINE A. MAY, R. PARKIN MAY;
JAMES R. ESPOSITO, BERGDAHL
ASSOCIATES, INC., a Nevada
corporation, AND RPM TECHNOLOGY
LLC, a Nevada limited-liability company,

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Defendants.
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C ROWELL
& M ORING LLP

[PROPOSED] CONSENT DECREE
AND PERMANENT INJUNCTION;
CASE NO. 3:15-CV-00620-LRH-VPC

ATTO RNEY S AT LAW

BRACTIVE-4141918.1

Case 3:15-cv-00620-LRH-VPC Document 59 Filed 07/17/17 Page 2 of 3

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The Court, having read and considered the Joint Stipulation Re Dismissal and Entry of

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Consent Decree and Permanent Injunction that has been executed by Plaintiff Tramos

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International N.V. (“Tramos”) and Defendants Christine A. May, R. Parkin May, James Esposito,

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Bergdahl Associates, Inc., and RPM Technology LLC (“Defendants”), in this action, and good

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cause appearing therefore, hereby:

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ORDERS that based on the Parties’ stipulation and only as to Defendants, their

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successors, heirs, and assigns, this Injunction shall be and is hereby entered in the within action as

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follows:

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1.

This Court has jurisdiction over the Parties to this action and over the subject

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matter hereof pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338. Service of process

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was properly made against Defendants.

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2.

Tramos is the owner of all rights in and to United States Trademark Registration

No. 3,927,849 (the “Tramos Trademark”).
3.

Tramos owns or controls the copyright on photos depicting its products, which are

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attached hereto as Exhibit A and incorporated herein by this reference (the “Tramos Copyrighted

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Works”). (The Tramos Trademark and the Tramos Copyrighted Works are collectively referred

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to herein as “Tramos’ Properties.”)

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4.

Tramos has alleged that Defendants have made unauthorized uses of Tramos’

Properties.
5.

Defendants and their agents, servants, employees, representatives, successor and

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assigns, and all persons, firms, corporations or other entities in active concert or participation with

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any of them who receive actual notice of this Injunction are hereby restrained and permanently

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enjoined from infringing in any manner Tramos’ Properties and photographs, images, or text

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which Defendants know was created by Tramos, and which is subject to the same trademark

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and/or copyright protections as the Tramos Properties, including, but not limited to, the

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following:

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a)

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Copying, reproducing, downloading, distributing, uploading, linking to, or
transmitting, or using trademarks, trade names or logos in connection with

C ROWELL
& M ORING LLP

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ATTO RNEY S AT LAW

BRACTIVE-4141918.1

[PROPOSED] CONSENT DECREE
AND PERMANENT INJUNCTION;
CASE NO. 3:15-CV-00620-LRH-VPC

Case 3:15-cv-00620-LRH-VPC Document 59 Filed 07/17/17 Page 3 of 3

unauthorized use of any of Tramos’ Properties;

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b)

Copying, reproducing, downloading, distributing, uploading, linking to, or
transmitting any of Tramos’ Properties; or

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c)

Profiting from the unauthorized copying, reproduction, downloading,

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distribution, uploading, linking to, or transmission of any of Tramos’

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Properties.

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6.

Each side shall bear its own attorneys’ fees and costs of suit.

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7.

All claims alleged in the First Amended Complaint as to Defendants are denied

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and now dismissed with prejudice. This Injunction shall remain binding and enforceable
notwithstanding the dismissal of all claims pursuant to this order.
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This Injunction shall be deemed to have been served upon Defendant at the time of

its execution by the Court.
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The Court finds there is no just reason for delay in entering this Injunction and,

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pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry

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of this Injunction against Defendants.

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10.

Should Tramos bring, and prevail in, a contempt action to enforce the terms of this

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Consent Decree, Defendants shall, in addition to other remedies, pay all attorneys’ fees and costs

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incurred by Tramos in bringing such an action. Should Tramos not prevail, it shall pay all of the

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Defendants attorneys’ fees and costs in defending such action.

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IT IS SO ORDERED.
DATED: __________________, 2017

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UNITED STATES DISTRICT JUDGE

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C ROWELL
& M ORING LLP

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ATTO RNEY S AT LAW

BRACTIVE-4141918.1

[PROPOSED] CONSENT DECREE
AND PERMANENT INJUNCTION;
CASE NO. 3:15-CV-00620-LRH-VPC

Case 3:15-cv-00620-LRH-VPC Document 59-1 Filed 07/17/17 Page 1 of 4

EXHIBIT A

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