Sream, Inc. v. George Saad Ibrahim et al, No. 8:2015cv00483 - Document 56 (C.D. Cal. 2015)

Court Description: STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION against defendant Eiad Abdulhai ORDER by Judge James V. Selna (mt)

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Sream, Inc. v. George Saad Ibrahim et al Doc. 56 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SREAM, INC, a California corporation, Case No. SACV15-00483-JVS-AGR 12 Plaintiff, 13 14 15 16 17 18 v. GEORGE SAAD IBRAHIM; UMIYAJI, INC; EIAD ABDULHAI; and DOES 1-10 INCLUSIVE, STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT EIAD ABDULHAI Defendants. 19 20 21 22 23 24 25 26 27 28 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 Eiad 5 Abdulhai (“Abdulhai”), alleging that Abdulhai violated Sream’s rights under 15 U.S.C. 6 §§ 1114, 1116, 1125(a), (c), and (d), and Cal. Bus & Prof. § 17200 et seq. (“Action”); 7 8 9 10 B. The Parties entered into a settlement agreement as of November 2015 (“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: 11 1. That judgment be entered in favor of Sream against Abdulhai on all claims. 12 2. For the purposes of binding preclusive effect on Abdulhai as to future disputes 13 between Abdulhai and Sream, and only for such purposes, Abdulhai admits the following: 14 a. Mr. Martin Birzle is now, and has been at all times since the dates of issuance, 15 the owner of United States Trademark Registration Nos. 2,235,638; 2,307,176; 16 and 3,675,839 (the “RooR Marks”) and of all rights thereto and thereunder. 17 b. The RooR Marks are valid and enforceable. 18 c. Since at least 2011, Plaintiff Sream has been the exclusive licensee of the 19 RooR Marks in the United States. Mr. Birzle has been granted all 20 enforcement rights to Sream to sue for obtain injunctive and monetary relief 21 for past and future infringement of the RooR Marks. d. Abdulhai, by the actions described in the complaint, has infringed upon the 22 RooR Marks. 23 24 3. Abdulhai, and those acting on Abdulhai’s behalf (including its owners, 25 shareholders, principals, officers, agents, servants, employees, independent contractors, and 26 partners), are permanently enjoined from producing, manufacturing, distributing, selling, 27 offer for sale, advertising, promoting, licensing, or marketing (a) any product bearing the 28 2 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. Abdulhai 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 18 Dated: November 30, 2015 19 James V. Selna United States District Judge 20 21 22 23 24 25 26 27 28 3 JUDGMENT

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