Bryant v. Waller et al, No. 2:2016cv01661 - Document 25 (E.D. Cal. 2017)

Court Description: STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION signed by Senior Judge William B. Shubb on 4/5/17. The Clerk is ordered to enter this Final Judgment forthwith. CASE CLOSED.(Mena-Sanchez, L)
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1 2 3 4 5 6 Gerald C. Bryant (State Bar No. 107043) GeraldCBryantEsq@aol.com 9903 Santa Monica Blvd. #1007 Beverly Hills, 90212 Telephone: (310) 301-2728 Fax: (310) 388-3126 Attorney for Plaintiff Gerald C. Bryant 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 GERALD C. BRYANT, an individual 11 12 13 14 15 16 17 Case No.: 2:16-cv-01661-WBS-KJN Plaintiff, v. VAN WALLER, an individual; RON BURRIS, an individual; ANDRE ADKINS, an individual; JERRY FESTEJO, an individual; MICHAEL MCCOY, an individual; EDDIE WROTEN, an individual; and DOES 1-10, Inclusive, STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION Courtroom: Courtroom 25, 8th Floor Judge: Honorable Kendall J. Newman Defendants. 18 19 20 21 22 23 24 25 26 27 28 Stipulated Final Judgment and Permanent Injunction 1 Gerald C. Bryant (“Plaintiff”), and Defendants Van Waller and Ron Burris (collectively, 1 2 “Defendants”) having stipulated and consented to the entry of this Final Judgment and Permanent 3 Injunction, without the taking of proof and without trial or adjudication of any fact or law herein, 4 and the Court having considered the matter and good cause appearing. 5 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 6 1. Plaintiff is, and was at all times during Defendants’ use of the name Pocket Watch 7 for their musical group, the lawful trademark owner of the mark, PocketWatch, for the purposes 8 of the name of a musical group. 9 2. Defendants infringed on Plaintiff’s mark, but the infringement was without malice. 10 3. Defendants, their agents, employees, attorneys and all individuals or entities acting 11 under Defendants’ control or in participation with Defendants are hereby permanently enjoined 12 from shipping, delivering, marketing, displaying, advertising, or promoting products or services 13 in connection with Plaintiff’s mark alone or in any combination with other words or symbols, in 14 any manner which causes or is likely to cause, consumers to believe that Defendants’ products or 15 services has any connection with Plaintiff. Further, Defendants are required to deliver to Plaintiff 16 all of Defendants’ existing goods or marketing, advertising or promotional materials, if any, 17 depicting PocketWatch, Pocket Watch, or any mark deceptively similar to Plaintiff’s mark that 18 would likely cause confusion. 19 4. This permanent injunction shall bind Defendants, their agents, employees, 20 attorneys, and all individuals or entities acting under Defendants’ control or in participation with 21 Defendants, who receive actual notice of this Permanent Injunction. 22 . 23 Final Judgment to apply to the Court at any time for further orders and directions that may be 24 necessary or appropriate for the construction or the carrying out of the Final Judgment, for the 25 modification of any injunctive provisions thereof, the enforcement of compliance therewith, and 26 for the punishment for violations of this Final Judgment. 27 28 5. 6. This Court shall retain jurisdiction for the purpose of enabling any party to this Plaintiff and Defendants shall each bear their own costs and attorneys’ fees related to this lawsuit and for the preparation of this Final Judgment. In the event it is necessary to bring Stipulated Final Judgment and Permanent Injunction 2 1 an action or proceeding to enforce this Final Judgment, the prevailing party shall be entitled to 2 recover its reasonable attorneys’ fees and costs. 3 4 The Clerk is ordered to enter this Final Judgment forthwith. 5 6 IT IS SO ORDERED. 7 8 Dated: April 5, 2017 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulated Final Judgment and Permanent Injunction 3