GMA Accessories, Inc. v. HMY Jewelry, Inc., No. 1:2020cv11126 - Document 59 (S.D.N.Y. 2021)
Court Description: FINAL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED: 1. This Court has jurisdiction over the parties and the subject matter of this action. 2. HMY, together with its officers, agents, servants, employees, attorneys and those persons in active concer t with them, or any of them, are hereby permanently enjoined and restrained from advertising, promoting, marketing, selling, offering for sale, distributing, disposing of, leasing, transferring, displaying, reproducing, developing, advertising or pro moting any masks or other products that: (i) incorporate the designs that are the subject of the copyright registrations identified in Exhibits 3 through 8 of Plaintiff's February 24, 2021 Second Amended Complaint, Dkt. 32, or any substantially similar variations thereof; or (ii) are sold in packaging or other trade dress that is the same as or confusingly similar to the packaging depicted in Exhibit 2 to the Second Amended Complaint. 3. Entry of this Final Judgment shall on consent dismis s with prejudice the claims contained in the Second Amended Complaint. Each party shall bear its own costs and fees. 4. This Judgment may be signed in counterparts and may be obtained and exchanged by electronic mail. (Signed by Judge John P. Cronan on 6/10/2021) (nb)
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GMA Accessories, Inc. v. HMY Jewelry, Inc. Doc. 59 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------X GMA ACCESSORIES, INC., Civil Action No.: 20CV11126(JPC) Plaintiff, FINAL JUDGMENT - against HMY JEWELRY, INC., Defendant. -----------------------------------------------------------------X Plaintiff GMA Accessori~s, Inc. having filed a Second Amended Complaint on February 24, 2021 against Defendant HMY Jewelry, Inc. asserting claims for copyright infringement under the U.S. Copyright Act, 17 U.S.C. § 101 et seq., and for trademark infringement under the U.S. Trademark Act of 1946, 15 U .S .C. § 1051 et seq., and Defendant having filed an Answer on March 11, 2021 denying Plaintiffs claims; and the parties, having agreed upon a resolution of this matter prior to a trial on the merits without any admission ofliability, and having entered into a Settlement Agreement for that purpose; and such Settlement Agreement providing for, inter alia, the entry of a Final Judgment on Consent; and for good cause shown; IT IS ORDERED, ADJUDGED AND DECREED: 1. This Court has jurisdiction over the parties and the subject matter of this action and will retain jurisdiction over the enforcement of the Settlement Agreement, if necessary. 2. HMY, together with its officers, agents, servants, employees, attorneys and those persons in active concert with them, or any of them, are hereby permanently enjoined and restrained from advertising, promoting, marketing, selling, offering for sale, distributing, disposing of, leasing, transferring, displaying, reproducing, developing, advertising or promoting any masks or other products that: (i) incorporate the designs that are the subject of the copyright Dockets.Justia.com registrations identified in Exhibits 3 through 8 of Plaintiff's February 24, 2021 Second Amended Complaint, Dkt. 32, or any substantially similar variations thereof; or (ii) are sold in packaging or other trade dress that is the same as or confusingly similar to the packaging depicted in Exhibit 2 to the Second Amended Complaint. 3. Entry of this Final Judgment shall on consent dismiss with prejudice the claims contained in the Second Amended Complaint. Each party shall bear its own costs and fees. 4. This Judgment may be signed in counterparts and may be obtained and exchanged by electronic mail. Dated: May .24_, 2021 John P. Bostany THE BOSTANY LAW FIRM, PLLC 3 World Financial Center- 24th Fl New York, New York 10281 Attorneys for Plaintiff Bruce R. Ewing Dorsey & Whitney, LLP 51 West 52nd Street New York, New York 10019 Attorneys for Defendant SO ORDERED Dated: May _ _ , 2021 New York, New York Date: June 10, 2021 New York, New York JOHN P. CRONAN United States District Judge
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