Playvision Labs, Inc. v. Roberts et al, No. 3:2012cv00171 - Document 42 (N.D. Cal. 2012)

Court Description: ORDER GRANTING : 41 STIPULATED PERMANENT INJUNCTION AND STIPULATION OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 11/13/12. (jjoS, COURT STAFF) (Filed on 11/13/2012)
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Playvision Labs, Inc. v. Roberts et al Doc. 42 Case3:12-cv-00171-JSW Document41 Filed11/12/12 Page1 of 6 1 2 3 4 5 6 7 JAMES G. GATTO (pro hac vice to be submitted) james.gatto@pillsburylaw.com JENNA F. KARADBIL #213574 jfk@pillsburylaw.com PILLSBURY WINTHROP SHAW PITTMAN LLP 725 South Figueroa Street, Suite 2800 Los Angeles, CA 90017-5406 Telephone: (213) 488-7100 Facsimile: (213) 629-1033 Attorneys for Plaintiff PLAYVISION LABS, INC. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 PLAYVISION LABS, INC., a California corporation, 13 14 15 16 17 Plaintiff, vs. GREG ROBERTS, an individual; and SUZANNE ROBERTS, an individual, Defendants. 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CV 12-0171 JSW STIPULATED PERMANENT INJUNCTION AND STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON Judge: Hon. Jeffrey S. White 19 Having reached full and final settlement in the above matter, Plaintiff Playvision Labs, 20 Inc. (“Playvision”) and Defendants Greg Roberts and Suzanne Roberts hereby request, pursuant 21 to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), that the Court dismiss with prejudice all 22 Complaints, claims and counterclaims asserted by any party in this matter. The parties’ dismissal 23 is premised and conditioned upon the terms of that certain Settlement Agreement dated as of 24 October 9, 2012 (“Settlement Agreement”). 25 The parties stipulate and agree that this Court, the United States District Court for the 26 Northern District of California, shall retain jurisdiction over this action and the parties in 27 connection with this action and the Settlement Agreement. 28 As part of the above-referenced settlement between Playvision and the Defendants, the CV 12-0171 JSW STIPULATED PERMANENT INJUNCTION AND STIPULATION OF DISMISSAL Dockets.Justia.com Case3:12-cv-00171-JSW Document41 Filed11/12/12 Page2 of 6 1 parties further request that the Court issue and enter a permanent injunction, to which the parties 2 have stipulated as follows: 3 1. Defendants, each of them, and any of their successors and assigns, any and all 4 persons and entities acting in direct or indirect concert and/or participation with either or both of 5 them, do not contest that Playvision is the owner of all right, title and interest in and to the 6 PLAYMOTION registered trademark (Registration No. 3,106,580), the PLAYSDK trademark, 7 and any other intellectual property of the former Playmotion, Inc. (aka Playmotion LLC and 8 Fishboxer LLC). 9 2. Defendants, each of them, and any of their successors and assigns, and any and all 10 persons and entities acting in direct or indirect concert and/or participation with either or both of 11 them, shall and are hereby PERMANENTLY ENJOINED and restrained from adopting, using, 12 applying to register or registering anywhere in the world, for any and all goods and services, the 13 Marks (as defined in the Settlement Agreement), the names PLAYMOTION or PLAYSDK, any 14 name containing the letter string “PLAYMOTION” or “PLAYSDK” (either as a standalone term 15 or embedded within another term), or any other name, phrase or mark that may cause likelihood 16 of confusion with or dilution of the Marks, nor will they assist any third party in doing so. 17 3. Defendants, each of them, and any of their successors and assigns, and any and all 18 persons and entities acting in direct or indirect concert and/or participation with either or both of 19 them, shall and are hereby PERMANENTLY ENJOINED and restrained from using, selling or 20 offering for sale any goods or services that contain or utilize any Playmotion intellectual 21 property. For purposes of this PERMANENT INJUNCTION, “use” includes but is not limited to 22 use as a trade name, as a company name, as a business name, in a logo or slogan, as an e-mail 23 address, in a domain name or URL, on websites, in correspondence, on letterhead, business 24 cards, promotional and marketing materials, on goods, in software, and on signage. 25 26 Should either of the Defendants violate any or all of the foregoing prohibitions in 27 Paragraphs 1-5 above, such Defendant will be in violation of this Stipulated Permanent 28 Injunction. CV 12-0171 JSW STIPULATED PERMANENT INJUNCTION AND STIPULATION OF DISMISSAL Case3:12-cv-00171-JSW Document41 Filed11/12/12 Page3 of 6 1 Nothing in this Stipulated Permanent Injunction shall prohibit the parties from fulfilling 2 their respective obligations under the Settlement Agreement. 3 IT IS SO STIPULATED AND AGREED: 4 Dated: September __, 2012. PLAYVISION LABS, INC. 5 6 By Scott Wills 7 8 Dated: September __, 2012. GREG ROBERTS 9 10 By Greg Roberts 11 Dated: September __, 2012. 12 SUZANNE ROBERTS 13 By 14 Suzanne Roberts 15 16 APPROVED AS TO FORM: 17 Dated: September __, 2012. PILLSBURY WINTHROP SHAW PITTMAN LLP 18 19 By Jenna F. Karadbil Attorneys for PLAINTIFF 20 21 Dated: September __, 2012. MITCHELL + COMPANY 22 23 By Brian E. Mitchell Attorneys for DEFENDANTS 24 25 IT IS SO ORDERED. 26 27 28 Dated: _________________ Honorable Jeffrey S. White UNITED STATES DISTRICT COURT JUDGE CV 12-0171 JSW STIPULATED PERMANENT INJUNCTION AND STIPULATION OF DISMISSAL Case3:12-cv-00171-JSW Document41 Filed11/12/12 Page4 of 6 Case3:12-cv-00171-JSW Document41 Filed11/12/12 Page5 of 6 Case3:12-cv-00171-JSW Document41 Filed11/12/12 Page6 of 6 November 13, 2012