Sierra International Machinery Inc v. Axel, No. 1:2021cv00723 - Document 29 (E.D. Cal. 2022)

Court Description: FINAL JUDGMENT and PERMANENT INJUNCTION signed by District Judge Jennifer L. Thurston on 05/11/2022. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 Dustin S. Dodgin, SBN 245497 Jeffrey W. Noe, SBN 167387 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 10000 Stockdale Highway, Suite 200 Bakersfield, CA 93311 Telephone: 661-395-1000 Facsimile: 661-326-0418 Email: ddodgin@kleinlaw.com jnoe@kleinlaw.com Attorneys for Plaintiff, SIERRA INTERNATIONAL MACHINERY, INC. 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 SIERRA INTERNATIONAL MACHINERY, a California corporation, Plaintiff, Case No. 1:21-cv-00723-JLT-BAK FINAL JUDGMENT AND PERMANENT INJUNCTION v. JEREMY AXEL, an individual residing in Colorado; and DOES 1 to 25, inclusive, 17 Complaint Filed: March 22, 2021 Trial Date: None Set Defendants. 18 19 20 21 22 23 24 25 26 27 28 Pursuant to the parties’ Stipulation for Entry of Final Judgment and Permanent Injunction, and for good cause appearing therefor, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 1. The Court has jurisdiction over the subject matter of the complaint filed in this action and over the parties. 2. Pursuant to the authority vested under the Lanham Act (see, e.g., 15 U.S.C. § 1116), defendant Jeremy Axel (“Defendant”), as well as his successors, assigns, partners, and any person or entity acting in concert with or on behalf of Defendant, is hereby enjoined from the following: a. Using United States Trademark Registration No. 4,342,540 for the word mark SIERRA and United States Trademark Registration No. Final Judgment and Permanent Injunction 1 5,885,542 for the work mark SIERRA with letters in red stylized 2 form (the “Registered Trademarks”), unless Defendant and plaintiff 3 Sierra International Machinery, Inc. (“Plaintiff”) subsequently enter 4 into a written license or other agreement authorizing Defendant’s 5 use of the Registered Trademarks; and b. 6 Assisting or abetting in any way any other person or entity in using 7 the Registered Trademarks, unless a written license or other 8 agreement from Plaintiff authorizes such conduct. 9 3. The Court retains jurisdiction over the parties, the parties’ settlement 10 agreement, and the Final Judgment to the extent necessary to interpret and enforce 11 this Final Judgment and the parties’ settlement agreement, and to determine any 12 issues which may arise concerning the Final Judgment or the parties’ settlement 13 agreement. 14 4. The Clerk of Court is directed to CLOSE THIS CASE. 15 IT IS SO ORDERED. 16 Dated: May 11, 2022 17 18 19 20 21 22 23 24 25 26 27 28 2

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