-MLG Nifty After Fifty LLC v. Over Fifty Is Nifty LLC et al, No. 8:2011cv01203 - Document 6 (C.D. Cal. 2011)

Court Description: JUDGMENT and PERMANENT INJUNCTION filed by Judge David O. Carter against defendant Over Fifty Is Nifty LLC: (See document for details.) 6. The claims in Plaintiffs Complaint against Defendants that are not adjudicated by this Final Judgment and Perma nent Injunction are hereby dismissed without prejudice. 7. OFIN waives all rights to appeal this Final Judgment and Permanent Injunction. 8. Each party shall bear its own costs and fees incurred in this action up to the entry of the Final Judgment and Permanent Injunction. (MD JS-6, Case Terminated) (rla)

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-MLG Nifty After Fifty LLC v. Over Fifty Is Nifty LLC et al 1 2 3 4 5 6 Doc. 6 STEPHENS FRIEDLAND LLP Todd G. Friedland, Bar No. 187022 Email: todd@sf-lawyers.com J. Gregory Dyer, Bar No. 218385 Email: greg@sf-lawyers.com 4695 MacArthur Court, Suite 1550 Newport Beach, CA 92660 Telephone: (949) 468-3200 Fax: (949) 468-3201 JS-6 Attorneys for Plaintiff NIFTY AFTER FIFTY LLC 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 12 NIFTY AFTER FIFTY LLC, a California limited liability company, 13 Plaintiff, 14 FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT OVER FIFTY IS NIFTY, LLC vs. 15 Case No.: SACV11-1203 DOC (MLGx) OVER FIFTY IS NIFTY, LLC, a Maryland limited liability company, and HEALTHY SOLUTIONS, LLC, a Maryland limited liability company, 16 17 18 Defendants. 19 20 21 22 23 24 25 26 27 28 STEPHENS FRIEDLAND LLP 4695 MacArthur Court Suite 1550 Newport Beach, California 92660 Telephone: (949) 468-3200 Facsimile: (949) 468-3201 ___________________________________________________________________________________________________________________ FINAL JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com 1 Plaintiff Nifty After Fifty LLC (“NAF”), by its counsel Stephens Friedland 2 LLP, and Defendant Over Fifty Is Nifty, LLC (“OFIN” or “Defendant”) have 3 represented to the Court that they have executed a settlement agreement providing for 4 the final resolution of all claims of relief pending between them and have agreed to 5 the entry of this Final Judgment and Permanent Injunction. Accordingly, upon 6 consent of NAF and Defendant (the “Parties”), it is hereby ORDERED that: 7 1. This Court has jurisdiction over the Parties. 8 2. This Court has subject matter jurisdiction over this matter pursuant to 28 9 U.S.C. §§ 1331 and 1338, and venue is proper in this Judicial District pursuant to 28 10 U.S.C. § 1391. 11 3. Defendant, including any subsidiaries, parent and affiliated companies, 12 successors, assigns, officers, directors, representatives, agents, partners, and 13 employees, and all those acting in concert or participation with Defendant 14 (collectively the “Enjoined Parties”), shall, in connection with the operation of dating, 15 companionship and social network services for seniors, including such online 16 services: 17 a. Cease and desist all current use and hereafter refrain from the use 18 of all marks, words, phrases, or names similar to U.S. Trademark Registration 19 Numbers 3497131 (NIFTY AFTER FIFTY®) and 3462910 (NIFTY 20 PEOPLE®) (collectively referred to herein as the “Nifty Marks”), including, 21 but not limited to, “Over Fifty Is Nifty” or any other marks, words, phrases, 22 pictures, and/or names similar to the Nifty Marks or incorporating the word 23 “nifty”; 24 b. Remove all marks, words, phrases, pictures, logos or names similar 25 to the Nifty Marks, including, but not limited to, “Over Fifty Is Nifty” or any 26 other marks, words, phrases, pictures, or names similar to the Nifty Marks 27 and/or incorporating the word “nifty” from all advertisements, marketing and 28 STEPHENS FRIEDLAND LLP 4695 MacArthur Court Suite 1550 Newport Beach, California 92660 Telephone: (949) 468-3200 Facsimile: (949) 468-3201 -1___________________________________________________________________________________________________________________ FINAL JUDGMENT AND PERMANENT INJUNCTION 1 promotional materials, printed materials, and any websites that Defendant 2 controls or maintains, and refrain from such uses in the future; c. 3 Remove all references to “nifty” or any other marks, words, 4 phrases, pictures, or names similar to the Nifty Marks and/or incorporating the 5 word “nifty,” in the metatags of any websites that Defendant controls or 6 maintains, and refrain from such uses in the future; d. 7 Refrain from interfering with NAF’s trademark registration rights 8 and/or trademark applications filed by NAF, or filing or reviving any 9 applications to federally register or register any state(s) trademarks or 10 copyrights comprised of or incorporating “Over Fifty Is Nifty” and/or any other 11 confusingly similar mark to the Nifty Trademarks, including any marks, words, 12 phrases, pictures, or names incorporating the word “nifty”; and e. 13 14 4. Cease operating under the name “Over Fifty Is Nifty, LLC.” This Final Judgment and Permanent Injunction contained herein shall be 15 binding upon the Enjoined Parties upon entry by the Court without further notice to 16 any party. The Court shall retain jurisdiction of this matter for purposes of 17 enforcement, performance, and modification of this Final Judgment and Permanent 18 Injunction. 19 20 21 5. No bond shall be required to secure this Final Judgment and Permanent Injunction. 6. The claims in Plaintiff’s Complaint against Defendants that are not 22 adjudicated by this Final Judgment and Permanent Injunction are hereby dismissed 23 without prejudice. 24 25 7. OFIN waives all rights to appeal this Final Judgment and Permanent Injunction. 26 27 28 STEPHENS FRIEDLAND LLP 4695 MacArthur Court Suite 1550 Newport Beach, California 92660 Telephone: (949) 468-3200 Facsimile: (949) 468-3201 -2___________________________________________________________________________________________________________________ FINAL JUDGMENT AND PERMANENT INJUNCTION 1 2 3 8. Each party shall bear its own costs and fees incurred in this action up to the entry of the Final Judgment and Permanent Injunction. 4 5 6 7 8 IT IS SO ORDERED. Dated: November 30, 2011 __________________________________ Honorable David O. Carter U.S. District Court Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEPHENS FRIEDLAND LLP 4695 MacArthur Court Suite 1550 Newport Beach, California 92660 Telephone: (949) 468-3200 Facsimile: (949) 468-3201 -3___________________________________________________________________________________________________________________ FINAL JUDGMENT AND PERMANENT INJUNCTION

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