Lifted Spirits Distillation, LLC v. State Line Distillery, LLC et al

Filing 17

CONSENT JUDGMENT AND PERMANENT INJUNCTION. (JDP / jls)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN LIFTED SPIRITS DISTILLATION, LLC, ) ) Plaintiff, ) vs. ) ) ) STATE LINE DISTILLERY, LLC, and ) JOHN MLEZIVA ) ) Defendants. ) Case No. 18-cv-163 ORDER FOR JUDGMENT AND PERMANENT INJUNCTION Based upon the foregoing stipulation of the parties, IT IS ORDERED, ADJUDGED, AND DECREED THAT: l. This Court has jurisdiction over the subject matter and over all parties to this action, and venue is proper in this District. 2. Plaintiff owns all right, title, and interest to the LIFTED SPIRITS®mark. 3. The Complaint alleges that Defendants have infringed the LIFTED SPIRITS mark by using them in commerce without the Plaintiffs consent. 4. Defendants stipulate to permanent injunctive relief for the purpose of resolving this dispute. 5. As of the date of this Order, Defendants including State Line Distillery, LLC's officers, directors, owners, agents, servants, representatives, employees, assigns, and successors, shall be and are hereby permanently enjoined and restrained from using the LIFTED SPIRITS® mark or any words that are likely to create consumer confusion with the LIFTED SPIRITS® mark in any commercial context. 6. Plaintiff will not object or otherwise contest Defendants' use of the phrase "Spirits 1 Awakened" or Defendants DISTILLERY 7. Registered Trademark No. 5336813 (the STATE LINE mark). Any and all claims made by the parties to this action are hereby DISMISSED WITH PREJUDICE, with each party to bear its own costs. 8. This Court shall retain jmisdiction to enforce the te1ms and conditions of this Judgment. Entered: August _f_, 2018. BY THE COURT: �70.�s.. J�eterson District Judge s/ J. Smith, Deputy Clerk Peter Oppeneer, Clerk of Court 2 8/2/2018 Date

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