Otter Products, LLC et al v. Mobile Phone Pros LLC et al, No. 7:2020cv04966 - Document 27 (S.D.N.Y. 2020)

Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT AGAINST DEFENDANTS PAUL JOSEPH RISBAN IV and PHAYTHE MARQUETTE FERICH d/b/a "PROLITE94": Accordingly, the Court does hereby ORDER, ADJUDGE, AND DECREE as follows: 1. This Court has ju risdiction over the subject matter of this action. 2. Venue is proper in the Southern District of New York. 3. Defendants are subject to the jurisdiction of this Court pursuant to and in accordance with the laws of the State of New York, the Unite d States Constitution, and Rule 4 of the Federal Rules of Civil Procedure. 4. Plaintiffs are the owners of various trademarks registered with the United States Patent and Trademark Office ("USPTO"). Such trademarks include, but are not limited to the following, among others as further set forth in this Order. IT IS ORDERED, ADJUDGED AND DECREED 9. The Final Judgment shall be binding upon and shall inure to the benefit of the parties and their respective heirs, successors and assigns, and acquiring companies. 10. Accordingly, the Court hereby permanently enjoins and restrains Defendants and their employees, agents, companies, servants, successors, and assigns, and all those acting in concert or participation therew ith, from as further set forth herein. 11. Pursuant to and in accordance with 15 U.S.C. § 1117(c), the Court hereby Orders Defendants to pay Plaintiffs the sum of $5,000,000 as an award of damages. 12. In the event that Defendants are ev er found by a court of competent jurisdiction to be in violation of this Final Judgment the parties agree that (a) Plaintiffs will be entitled to all normal relief which it may request from the Court; and (b) Plaintiffs will be entitled to recover any and all future and additional damages, fees, and costs incurred by Plaintiffs due to Defendants' violation of this Final Judgement, and judgement shall be entered against Defendants in that full amount. 14. The sum awarded herein to P laintiffs is not dischargeable in any bankruptcy proceeding filed by Defendants. 15. That jurisdiction of this Court is retained for the purpose of making any further orders necessary or proper for the construction, implementation, or modification of this Final Judgment, the enforcement thereof, and the punishment of any violations thereof. 16. This Final Judgment shall be deemed served upon the Defendants at the time of the execution by the Court. 17. This action is hereby dismisse d without prejudice. 18. This Court reserves and retains jurisdiction of the subject matter of this cause and of the parties hereto for the purpose of enforcing the terms of this Final Judgment. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/10/2020) Paul Joseph Risban, IV, Phaythe Marquette Ferich and Mobile Phone Pros LLC terminated. (ks)