American International Industries v. Dara Inc. et al, No. 2:2016cv08116 - Document 29 (C.D. Cal. 2017)

Court Description: STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Christina A. Snyder: Upon Stipulation 27 , IT IS ORDERED that Defendant Dara Inc., its affiliates, owners, officers, agents, servants, employees, attorneys, suppliers, distributors, and all those in active concert or participation with any of them are permanently restrained and enjoined re AII trademarks, any AII product, including any product bearing a name substantially similar to, "American International Industries," " ;AII," or any AII brand, or any products that purport to be manufactured by or otherwise associated with AII or an AII brand, etc. This Judgment shall constitute the One Final Judgment in the action and shall therefore resolve the entire action. Final Judgment is hereby entered, with each party responsible for its own costs and attorney's fees. See document for further details. (MD JS-6. Case Terminated) (gk)

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American International Industries v. Dara Inc. et al Doc. 29 JS-6 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 11 12 AMERICAN INTERNATIONAL INDUSTRIES, a California general 13 partnership, Plaintiff, 14 15 v. 16 DARA INC. a California corporation; and DOES 1 to 10, inclusive, 17 Defendant. 18 CASE No. 2:16-cv-08116 CAS(AJWx) XXXXXXXXXX [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION Hon. Christina A. Snyder, Presiding Judge Hon. Andrew J. Wistrich, Magistrate Judge Complaint filed: Trial Date: November 1, 2016 March 27, 2018 19 20 21 22 23 24 25 26 27 28 0067.257\9986 [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com Based upon the Stipulation signed by counsel for Plaintiff American 1 2 International Industries (“AII” or “Plaintiff”) and counsel for Defendant Dara Inc. 3 (“Defendant”) for a Final Judgment in this action, the Court enters this Final Judgment 4 including a Permanent Injunction prohibiting the Defendant from transacting products 5 bearing the name, or any name substantially similar to “American International 6 Industries,” “AII,” any of Plaintiff’s brands, or any products that purport to be 7 manufactured by or otherwise associated with Plaintiff or Plaintiff’s brands as part of a 8 comprehensive settlement. 9 10 Therefore, IT IS ORDERED that: 11 1. Defendant Dara Inc., its affiliates, owners, officers, agents, servants, employees, 12 attorneys, suppliers, distributors, and all those in active concert or participation 13 with any of them are permanently restrained and enjoined from doing any of the 14 following anywhere in the world: 15 16 (a) Acquiring, purchasing, manufacturing, marketing, storing, transporting, 17 distributing, dealing in, transferring, hypothecating, offering for sale, selling, or 18 otherwise transacting in, directly or indirectly, any AII product, including any 19 product bearing a name substantially similar to, “American International 20 Industries,” “AII,” or any AII brand, or any products that purport to be 21 manufactured by or otherwise associated with AII or an AII brand; 22 (b) Using or otherwise infringing any AII trademarks; 25 (c) Directly or indirectly causing, directing, soliciting, assisting, aiding, or 26 abetting any other person or entity to engage in or performing any of the 27 prohibited conduct referred to in the above paragraphs. 23 24 28 0067.257\9986 -2- [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION 1 2. The Court shall retain jurisdiction to enforce the terms of the Settlement 2 Agreement of the Parties and the Permanent Injunction in this Judgment; 3 4 3. This Judgment shall constitute the One Final Judgment in the action and shall 5 therefore resolve the entire action; and 6 7 4. Final Judgment is hereby entered, with each party responsible for its own costs 8 and attorney’s fees. 9 August 21, 2017 10 DATED: __________________ 11 12 Honorable Christina A. Snyder U.S. District Court Judge 13 14 15 Respectfully Submitted: 16 17 Dated: August 18, 2017 18 Mark D. Kremer Evan Pitchford, members of 19 CONKLE, KREMER & ENGEL 20 Professional Law Corporation 21 /s/ Evan Pitchford 22 Evan Pitchford Attorneys for 23 American International Industries 24 25 26 27 28 0067.257\9986 -3- [PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION

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