Sream, Inc. v. Taham LLC, et al.

Central District of California, cacd-5:2015-cv-02452

STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT AKRAM ALAWDI by Judge Virginia A. Phillips related to: Stipulation for Judgment, Stipulation for Permanent Injunction, {{25}}. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 1. That judgment be entered in favor of Sream against Alawdi on all claims. (See document for specifics.)

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Page ID #:155 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SREAM, INC, a California corporation, Case No. EDCV 15-2452-VAP (SPx) 12 Plaintiff, 13 [PROPOSED] STIPULATED FINAL 14 v. JUDGMENT AND PERMANENT INJUNCTION AGAINST 15 TAHAM LLC; R&J MARKET & SMOKE DEFENDANT AKRAM ALAWDI 16 SHOP, INC.; AKRAM ALAWDI; and DOES 1-10 INCLUSIVE, 17 18 Defendants. 19 20 21 22 23 24 25 26 27 28 JUDGMENT Page ID #:156 1 FINAL JUDGMENT AND PERMANENT INJUNCTION 2 This Court, having made the following findings of fact and conclusions of law 3 pursuant to the parties' stipulation: 4 A. Plaintiff Sream, Inc. ("Sream" or "Plaintiff") filed suit against Defendant 5 Akram Alawdi ("Alawdi"), alleging that Alawdi violated Sream's rights under 15 U.S.C. 6 §§ 1114, 1116, 1125(a), (c), and (d), and Cal. Bus & Prof. § 17200 et seq. ("Action"); 7 B. The Parties entered into a settlement agreement as of January 2016 8 ("Settlement Agreement"), which requires entry of the stipulated judgment set forth herein; 9 And good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED, 10 AND DECREED THAT: 11 1. That judgment be entered in favor of Sream against Alawdi on all claims. 12 2. For the purposes of binding preclusive effect on Alawdi as to future disputes 13 between Alawdi and Sream, and only for such purposes, Alawdi admits the following: 14 a. Mr. Martin Birzle is now, and has been at all times since the dates of issuance, 15 the owner of United States Trademark Registration Nos. 2,235,638; 2,307,176; 16 and 3,675,839 (the "RooR Marks") and of all rights thereto and thereunder. 17 b. The RooR Marks are valid and enforceable. 18 c. Since at least 2013, Plaintiff Sream has been the exclusive licensee of the 19 RooR Marks in the United States. Mr. Birzle has been granted all 20 enforcement rights to Sream to sue for obtain injunctive and monetary relief 21 for past and future infringement of the RooR Marks. 22 d. Alawdi, by the actions described in the complaint, has infringed upon the 23 RooR Marks. 24 3. Alawdi, and those acting on Alawdi's behalf (including its owners, 25 shareholders, principals, officers, agents, servants, employees, independent contractors, and 26 partners), are permanently enjoined from producing, manufacturing, distributing, selling, 27 offer for sale, advertising, promoting, licensing, or marketing (a) any product bearing the 28 2 JUDGMENT Page ID #:157 1 RooR Marks or (b) any design, mark, or feature that is confusingly similar to the RooR 2 Marks (collectively, the "Injunction"). 3 4. Alawdi is bound by the Injunction regardless of whether Mr. Martin Birzle 4 assigns or licenses its intellectual property rights to another for so long as such trademark 5 rights are subsisting, valid, and enforceable. The Injunction inures to the benefit of Mr. 6 Martin Birzle's successors, assignees, and licensees. 7 5. This Court (or if this Court is unavailable, any court within the Central District 8 of California) shall retain jurisdiction over all disputes between and among the Parties 9 arising out of the Settlement Agreement and Injunction, the Stipulation which includes the 10 Injunction, and this final judgment, including but not limited to interpretation and 11 enforcement of the terms of the Settlement Agreement. 12 6. The Parties waive any rights to appeal this stipulated judgment, including 13 without limitation the Injunction. 14 15 IT IS SO ORDERED. 16 17 Dated: March 18, 18 2016 19 Virginia Phillips 20 United States District Court Judge 21 22 23 24 25 26 27 28 3 JUDGMENT