SATA GmbH & Co. KG v. Zhejiang Refine Wufu Air Tools Co., Ltd. et al, No. 2:2015cv02111 - Document 78 (D. Nev. 2017)
Court Description: ORDER Granting 77 STIPULATION of Dismissal with Prejudice and PERMANENT INJUNCTION. Signed by Chief Judge Gloria M. Navarro on 7/10/17. (Copies have been distributed pursuant to the NEF - MMM)
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SATA GmbH & Co. KG v. Zhejiang Refine Wufu Air Tools Co., Ltd. et al Doc. 78 Case 2:15-cv-02111-GMN-CWH Document 77 Filed 07/06/17 Page 1 of 6 1 DICKINSON WRIGHT PLLC 2 3 4 5 STEVEN A. CALOIARO Nevada Bar No. 12344 Caloiaro@dickinsonwright.com 100 West Liberty Street Suite 940 Reno, Nevada 89501 Tel: (775) 343-7500 Fax: (844) 670-6009 6 Attorney for Plaintiff: SATA GmbH & Co. KG, 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 SATA GmbH & Co. KG, a German 10 corporation, STIPULATION AND ORDER REGARDING PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE Plaintiff, 11 Case No. 2:15-cv-02111-GMN-CWH 12 vs. 13 Zhejiang Refine Wufu Air Tools Co., Ltd. et al. 14 15 16 17 18 19 Defendants. Plaintiff SATA GmbH & Co. KG. (“SATA”), and Defendant Prona Tools, Inc., (“PRONA”) (collectively, “Parties” or individually, “Party”), hereby stipulate to the entry of a permanent injunction against PRONA and pursuant to Rule 41 of the Federal Rules of Civil Procedure to the dismissal with prejudice of all claims and counterclaims in the above captioned civil action (the “Civil Action”). 20 21 22 23 24 25 26 STIPULATED PERMANENT INJUNCTION AND DISMISSAL 1. The parties hereby stipulate and agree that this Court has jurisdiction over the parties and the subject matter in this case. 2. The parties hereby stipulate and agree that venue is proper in this judicial district. 3. The parties hereby stipulate and agree that SATA owns and has standing to sue for infringement of SATA’s United States Trademark Registrations (SATA Marks) and SATA’s United States Design Patents (SATA Design Patents), all of which are valid and enforceable. 27 28 Case No. 2:15-cv-02111-GMN-CWH 1 JOINT STATUS REPORT AND REQUEST Dockets.Justia.com Case 2:15-cv-02111-GMN-CWH Document 77 Filed 07/06/17 Page 2 of 6 1 The SATA Marks and Design Patents are attached as Exhibit A to the Settlement Agreement, and 2 incorporated herein by reference. 3 4. The parties hereby stipulate and agree that, as of the date of this Court's Order, 4 PRONA and its officers, agents, servants, employees, attorneys, and all other persons who are in 5 active concert or participation, who receive actual notice of this order shall be permanently 6 enjoined and restrained from: 7 a. Manufacturing, assembling, producing, distributing, offering for distribution, 8 circulating, selling, offering for sale, advertising, importing, promoting, or 9 displaying any paint spray guns and paint spray gun accessories, in the United States that infringe on the SATA Design Patents. 10 11 b. Using any reproduction, counterfeit, copy, or colorable imitation of any of the 12 SATA’s Marks, in commerce, in the United States, including, without limitation: 13 (i) by selling, offering for sale, distributing, promoting, or advertising any good or 14 service in connection with any such reproduction, counterfeit, copy, or colorable 15 imitation of the SATA Marks, including any of the accused products identified as 16 RC-6R, RC-6M, R301 G, R403 G, RL-403 G, R-1000G and R-3000; or (ii) by 17 displaying any such reproduction, counterfeit, copy, or colorable imitation of the 18 SATA Marks. 19 c. using any false designation of origin or false or misleading description or false or 20 misleading representation that can or is likely to lead the trade or public 21 erroneously to believe that any paint spray guns and paint spray gun accessories has 22 been manufactured, assembled, produced, distributed, offered for distribution or 23 circulation, sold, offered for sale, imported, advertised, promoted, displayed, 24 licensed, sponsored, approved, or authorized by or for SATA, when such is not true 25 in fact. 26 5. Parties hereby agree and stipulate that this Court SHALL RETAIN 27 JURISDICTION of this action to the extent necessary to ensure full compliance with all 28 obligations imposed by the Permanent Injunction Order, including the enforcement of the Case No. 2:15-cv-02111-GMN-CWH 2 JOINT STATUS REPORT AND REQUEST Case 2:15-cv-02111-GMN-CWH Document 77 Filed 07/06/17 Page 3 of 6 1 Stipulated Permanent Injunction by way of contempt or otherwise. The obligations of the parties, 2 as set forth in the stipulated Permanent Injunction, SHALL BE ENFORCED, if necessary, 3 exclusively by this Court. 4 6. Parties hereby agree and stipulate that PRONA has waived any appeal of the 5 Stipulated Permanent Injunction. 6 7. Parties hereby agree and stipulate that all claims filed in this action SHALL BE 7 Dismissed from the action with Prejudice pursuant to FRCP 41(a)(1)(A)(ii), with each Party 8 bearing its own costs and attorneys’ fees. 9 IT IS SO STIPULATED: 10 Dated: July 6, 2017 Dated: June 6, 2017 11 DICKINSON WRIGHT PLLC ZUBER, LAWLER & DEL DUCA LLP By: Steven A. Caloiaro Steven A. Caloiaro Nevada Bar No. 12344 100 West Liberty Street Suite 940 Reno, Nevada 89501 Tele.: (775) 343-7500 By: Alan C. Chen Alan C. Chen California Bar No. 224420 Admitted Pro Hac Vice 777 South Figueroa Street, 37th Fl. Los Angeles, CA 90017 Tele.: 213-596-5620 Attorneys for Plaintiff, SATA GmbH & Co. KG Counsel for Defendant, Prona Tools, Inc. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 2:15-cv-02111-GMN-CWH 3 JOINT STATUS REPORT AND REQUEST Case 2:15-cv-02111-GMN-CWH Document 77 Filed 07/06/17 Page 4 of 6 1 This case having come before this Court, and being represented to the Court that SATA 2 GmbH & Co. KG. (“SATA”), and Defendant Prona Tools, Inc., (“PRONA”), have compromised 3 and settled the matters in the dispute, IT IS HEREBY ORDERED, ADJUDICATED, and 4 DECREED as follows: PERMANENT INJUNCTION ORDER 5 6 Having considered the Stipulation of the Parties, and for good cause shown, ITS IS 7 HEREBY ORDERED THAT: 8 1. The Court has jurisdiction over the parties and the subject matter in this case. 9 2. Venue is proper in this judicial district. 10 3. SATA owns and has standing to sue for infringement of SATA’s United States 11 Trademark Registrations (SATA Marks) and SATA’s United States Design Patents (SATA 12 Design Patents), all of which are valid and enforceable. 13 4. Pursuant to 35 U.S.C. § 283, as of the date of this Court’s Order, PRONA and its 14 officers, agents, servants, employees, attorneys, and all other persons who are in active concert or 15 participation, who receive actual notice of this order shall be permanently enjoined and restrained 16 from: 17 a. Manufacturing, assembling, producing, distributing, offering for distribution, 18 circulating, selling, offering for sale, advertising, importing, promoting, or 19 displaying any paint spray guns and paint spray gun accessories, in the United 20 States that infringe on the SATA Design Patents. 21 b. Using any reproduction, counterfeit, copy, or colorable imitation of any of the 22 SATA’s Marks, in commerce, in the United States, including, without limitation: 23 (i) by selling, offering for sale, distributing, promoting, or advertising any good or 24 service in connection with any such reproduction, counterfeit, copy, or colorable 25 imitation of the SATA Marks, including any of the accused products identified as 26 RC-6R, RC-6M, R301 G, R403 G, RL-403 G, R-1000G and R-3000; or (ii) by 27 displaying any such reproduction, counterfeit, copy, or colorable imitation of the 28 SATA Marks. Case No. 2:15-cv-02111-GMN-CWH 4 JOINT STATUS REPORT AND REQUEST Case 2:15-cv-02111-GMN-CWH Document 77 Filed 07/06/17 Page 5 of 6 1 c. Using any false designation of origin or false or misleading description or false or 2 misleading representation that can or is likely to lead the trade or public 3 erroneously to believe that any paint spray guns and paint spray gun accessories has 4 been manufactured, assembled, produced, distributed, offered for distribution or 5 circulation, sold, offered for sale, imported, advertised, promoted, displayed, 6 licensed, sponsored, approved, or authorized by or for SATA, when such is not true 7 in fact. 8 5. This Court SHALL RETAIN JURISDICTION of this action to the extent necessary 9 to ensure full compliance with all obligations imposed by the Permanent Injunction Order, 10 including the enforcement of the Stipulated Permanent Injunction by way of contempt or 11 otherwise. The obligations of the parties, as set forth in the stipulated Permanent Injunction, 12 SHALL BE ENFORCED, if necessary, exclusively by this Court. 13 6. PRONA has waived any appeal of the Stipulated Permanent Injunction. 14 7. This is a Final Judgement. Subject to this Court’s limited retention of jurisdiction 15 as set forth above, all claims filed in this action SHALL BE DISMISSED from the action with 16 Prejudice pursuant to FRCP 41(a)(1)(A)(ii). 17 8. Each Party shall bear their own costs and attorneys’ fees. 18 9. The Clerk of the Court shall deny any pending motions as moot and close this 10. Having addressed each of the claims in this action, this case SHALL BE CLOSED. 19 case. 20 21 22 23 IT IS SO ORDERED: UNITED STATES DISTRICT COURT JUDGE 24 25 26 10 DATED this ___ day of July, 2017. 27 28 Case No. 2:15-cv-02111-GMN-CWH 5 JOINT STATUS REPORT AND REQUEST Case 2:15-cv-02111-GMN-CWH Document 77 Filed 07/06/17 Page 6 of 6 CERTIFICATE OF SERVICE 1 2 I hereby certify that this document filed through the ECF system will be sent electronically 3 to the registered participated as identified on the Notice of Electronic Filings (NEF) and paper 4 copies will be sent to those indicated as non-registered participants. 5 July 6, 2017 Respectfully submitted, 6 /s/ Steven A. Caloiaro Steven A. Caloiaro 7 8 9 10 RENO 75521-70006 17355v1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 2:15-cv-02111-GMN-CWH 6 JOINT STATUS REPORT AND REQUEST
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