Origami Owl LLC v. Sinai Hanash, No. 4:2014cv02842 - Document 32 (D.S.C. 2015)

Court Description: AGREED PERMANENT INJUNCTION AND FINAL JUDGMENT. Signed by the Honorable R. Bryan Harwell on 6/15/2015. (Attachments: # 1 Exhibit) (hcic, )

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• 1,1 r ( IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION ORIGAMI OWL, LLC, Plaintiff, VS. SHIMON MALKA, INDNIDUALLY AND AlKJA SINAI HANASH, SINAI' HANASH INDNIDUALLY AND AlKJA SHOMON MALKA and R 0 WHOLpSALE SUNGLASSES, LLC, ). Civil Action No.: 4:14-cv-02842-RBH ) ) ) ) AGREED PERMANENT INJUNCTION ) . AND FINAL JUDGMENT ) ) ) ) ) ) Defendwlts. ) This cause noW comes before the COUltby the agr~ement of the Plaintiff~ Origanri Owl, LLC, Defendant Shimon Maika ("MaIka") and Defendant RO Wholesale Sunglasses, LLC ("SWlglasses"). Maika and. Sunglasses ate collectively refetredto as the "Defendants.~' . THE COURT FINDS it has subject matter jurisdiction over this Inatter; and further finds based on the agreement of the parties, that it has personal jurisdiction over the Defendants. IT IS THEREFORE ORDERED ADJUDGED AND DECREED that: Defendants Maika and ~unglasses, their respective agents, employees, and any other person or entity acting in concert with either afthem, is hereby permanently" enjoined from, directly or indirectly, Wlderany name 'Or in any form: 1. . Offeringior sale, selling, marketing, adveliisi1'lg, or distributing any Origami Owl lockets, charms or .other jewelry products ("Products1') in any mannerwhatsoeveL 2. Interfering with any independent distributors of Origami Owl or otherwise .. . interfering with Origami Owl's supply chain or distiibution channel for the Products. 3. Using any Origami Owl Trademarks 01' associated trade dress without the prior 1 Dockets.Justia.com written permission of Origami Owl, including but not limited to 'use on kiosksandlor storefronts, .. , - . -,. or otherwise on the internet, or uSing any Origami Ow1 Trademarks or .associatedtr.ade dress in any manner that is likely to Gauseconfusioi1 or mis.take as to the affiliation, connection or associationof Origami Owl, or as to the origin, sponsorship or ,approval of products that are not otherwise Origami Owl Products. a. For purposes .of this Order, Origami Owl's "Trademarks" means all current and future trademarks of Origami Owl, including but not limited to "Origami Owl"~ Reg. No.4,170,416, and "UVING LOC'K..ETS," Reg. No. 4,307,520, as well as "YOU TELL STORIES WITHWORDS ... WE TELL STORIES WITH JEWELRY/, Reg. No. 4,264,t85, and "EVERY LOCKET TELLS A STORY... WHAT'S YOURS?" Reg. No. 4,278,689. 4. Copying; selling, offering to sell, distributing, or creating derivative works of plaintiff's Copyrighted Works without written authorization. fmm Origami Owl, including but not limited to the items identified in Exhibit 1 to this Order; a. Fotpurposes of this Order, Origami Owl's Copyrighted Works means those certain distinctive designs for the charms, lockets, dangles,plates and other Jewelry items used in existing Origami products, including but not 1itnit~d to 'Its eMmel owl design, Reg. No. VAuOO1l21479aud other collections, as weU as certain distinctive designs for the charms, lockets, dangles, plates and other jewelry items that maybe used in Origami.Owl products in the future. 5. Intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to inflingeplaintiff's Copyrighted Works; 6. Manufacturing, importing, offering to the public, providing,or otherwise 2 trafficking in any Copyrighted Works; 7, Passing off goods as Origami Owl Copyrighted Works, designs, or products manufactured or sold by Origami Owl products, causing confusion and misunderstanding as to the source of goods sold or offered for sale by either Defendant; causing confusion and misunderstanding as to affiliation and connection of the goods sold or offered for sale by either Defendant Malka or Sunglasses, with those of Origami Owl; making false representations regarding thechatacteristics of the products sold or offered for sale by either Defendant MaIka or Sunglasses; and, representing that the products sold or offered for sale by either Def€mdant ~Malka pr Sunglasses are Plaintiffs ; Copyrighted Works. IT IS FURTHER ORDERED AND DECREED that Origami Owl recover from Defendants, jointly and severally, the sum of $25,0.0.0.. IT IS FURTHER ORDERED AND DECREED that this Court retains j1:lrisdietion to enforce the tenns of this Agreed Permanent Injunction and Final Judgment Dated: ~ I~ .. .f / 2A}IS ;(') s~s~-__ 7 3 Agreed as to Form and Content: SIDMONMAU(A a/kJa Shomon Malka c:::::::=_---,·~··-2:"r.'~ •.: RO WHOLESALE SUNGLASSES, LLC BY:~ Its:/ft~~ SINAI HANASH Agreed as to Form and Content: ORIGAMI OWL,LLC SlIDLMON MALKA aJIda Shon'loll MaIka 1;ly: _ _ _ _ _ __ SINAI HANAsH . RO WHOLESALE SUNGLASSES, LLC By: ~ rts:.ht=:~ <: 47 z 'tz-, "

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