Sream, Inc. v. Pang Yun Sik et al, No. 5:2016cv00103 - Document 43 (C.D. Cal. 2016)

Court Description: STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT EMAD SAEED KASSEMMOHSEN by Judge Jesus G. Bernal related to: Stipulation for Judgment 42 . IT IS HEREBY ORDERED,ADJUDGED, AND DECREED THAT: 1. That judgment be entered in favor of Sream against Mohsen on all claims. (See document for specifics.) (MD JS-6, Case Terminated). (iva)

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Sream, Inc. v. Pang Yun Sik et al Doc. 43 1 2 JS-6 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 Case No. 5:16-cv-00103-JGB-KK 11 12 STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT EMAD SAEED KASSEM MOHSEN 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 JUDGMENT Dockets.Justia.com FINAL JUDGMENT AND PERMANENT INJUNCTION 1 2 3 4 This Court, having made the following findings of fact and conclusions of law pursuant to the parties’ stipulation: A. Plaintiff Sream, Inc. (“Sream” or “Plaintiff”) filed suit against Defendant 5 EMAD SAEED KASSEM MOHSEN (“Mohsen”), alleging that Mohsen violated Sream’s 6 rights under 15 U.S.C. §§ 1114, 1116, 1125(a), (c), and (d), and Cal. Bus & Prof. § 17200 7 et seq. (“Action”); 8 9 10 11 B. The Parties entered into a settlement agreement as of June 2016 (“Settlement Agreement”), which requires entry of the stipulated judgment set forth herein; And good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 12 1. That judgment be entered in favor of Sream against Mohsen on all claims. 13 2. For the purposes of binding preclusive effect on Mohsen as to future disputes 14 between Mohsen and Sream, and only for such purposes, Mohsen admits the following: a. Mr. Martin Birzle is now, and has been at all times since the dates of issuance, 15 16 the owner of United States Trademark Registration Nos. 2,235,638; 2,307,176; 17 and 3,675,839 (the “RooR Marks”) and of all rights thereto and thereunder. 18 b. The RooR Marks are valid and enforceable. 19 c. Since at least 2013, Plaintiff Sream has been the exclusive licensee of the 20 RooR Marks in the United States. Mr. Birzle has been granted all 21 enforcement rights to Sream to sue for obtain injunctive and monetary relief 22 for past and future infringement of the RooR Marks. d. Mohsen, by the actions described in the complaint, has infringed upon the 23 RooR Marks. 24 25 3. Mohsen, and those acting on Mohsen’s behalf (including its owners, 26 shareholders, principals, officers, agents, servants, employees, independent contractors,and 27 partners), are permanently enjoined from producing, manufacturing, distributing, selling, 28 offer for sale, advertising, promoting, licensing, or marketing (a) any product bearing the 3 JUDGMENT 1 RooR Marks or (b) any design, mark, or feature that is confusingly similar to the RooR 2 Marks (collectively, the “Injunction”). 3 4. Mohsen is bound by the Injunction regardless of whether Mr. Martin Birzle 4 assigns or licenses its intellectual property rights to another for so long as such trademark 5 rights are subsisting, valid, and enforceable. The Injunction inures to the benefit of Mr. 6 Martin Birzle’s successors, assignees, and licensees. 7 5. This Court (or if this Court is unavailable, any court within the Central District 8 of California) shall retain jurisdiction over all disputes between and among the Parties 9 arising out of the Settlement Agreement and Injunction, the Stipulation which includes the 10 Injunction, and this final judgment, including but not limited to interpretation and 11 enforcement of the terms of the Settlement Agreement. 12 13 6. The Parties waive any rights to appeal this stipulated judgment, including without limitation the Injunction. 14 15 IT IS SO ORDERED. 16 17 Dated: July 20, 2016 18 19 United States District Court Judge States 20 21 22 23 24 25 26 27 28 4 JUDGMENT

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