[PROPOSED] STIPULATED JUDGMENT AND ORDER OF PERMANENT INJUNCTION

PHILIP S. GUTIERREZ, District Judge.

THIS CAUSE came before the Court on the application of Plaintiff HARU HOLDING CORPORATION (hereinafter "Plaintiff" or "HHC") and Defendant SPRING VISION RESTAURANT CORPORATION ("Defendant"). HHC and Defendant may be collectively referred to as the "Parties." The Parties have jointly moved for, and have consented to, entry of a Consent Judgment ("Judgment") including injunctive relief in the form herein set forth.

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, ORDERED, ADJUDGED and DECREED as follows:

1. On August 25, 2014, HHC filed a Complaint against SPRING VISION RESTAURANT CORPORATION d/b/a HARU SUSHI CAFÉ, HARU SUSHI, and/or HARUSUSHICAFE.COM for a permanent injunction and other relief in connection with Defendants for violation of a settlement agreement and violation the Lanham Act, 15 U.S.C. §§ 1114, 1125(a), and 1125(d), and California statutory and common laws.

2. Defendant admits that this Court has subject matter jurisdiction over the action and admits and consents to personal jurisdiction over Defendant and entry of this final judgment.

2. Defendant acknowledges and admits HHC has continuously, exclusively, and extensively used the trademark HARU®, with and without design elements, in commerce since as early as 1999 in connection with its restaurant, catering, and related goods and services. HHC's restaurants serve traditional Japanese and inventive Japanese-fusion cuisine in a trendy ambiance. HHC also provides delivery and catering services, private rooms and lounges, outdoor dining spaces and a bar.

3. Defendant acknowledges and admits that in addition to HHC's common law trademark rights, HHC is also the owner of several valid and subsisting federal trademark registrations for the trademark HARU® as well as other design marks that include the word HARU including the following federal trademark registrations for its trademarks (individually and collectively referred to as the "HARU® Registrations"):

Collectively, HHC's common law rights and its rights to the marks in the HARU® Registrations are referred to as the "HARU® Trademarks."

4. Defendant acknowledges and admits that the HARU® Trademarks are strong and HARU® Registrations are valid, subsisting, and evidence HHC's exclusive rights and ownership to the HARU® Trademarks.

5. Defendant own and operates one (1) restaurant at 480 S. San Vicente Blvd., Los Angeles, CA 90048 using the trademarks, trade names, and domain names HARU SUSHI CAFE, HARU'S SUSHI CAFÉ, HARU SUSHI, and/or HARUSUSHICAFE.COM ("Defendant's Names") to advertise and promote goods/services which directly compete with the goods/services connected with the HARU® Trademarks.

6. Defendant acknowledges and agrees that Defendant's use of Defendant's Names has not been authorized by HHC.

7. Defendant acknowledges and agrees that Defendant's unauthorized use of the Defendant's Names infringe the HARU® Trademarks, falsely suggest an association between Defendant and HHC, or a sponsorship by HHC or Defendant or Defendant's goods or services which does not exist, and constitute a false designation of origin, unfair competition, and cybersquatting.

8. Judgment is hereby entered in favor of HHC and against Defendant as follows:

Defendant, his/her/its principals, officers, general partners, limited partners, shareholders, and owners, employees, agents, representatives, parents, affiliates, divisions, subsidiaries, successors, vendees, transferees, and/or assigns, individually and collectively, and all those in active concert or participation with Defendant, on a worldwide basis, directly and indirectly, are immediately and permanently enjoined from, directly and indirectly:

9. Defendant agrees to take any action requested by HHC to have the HARUSUSHICAFE.COM domain name transferred to an account designated by HHC effective no later than 12:01 a.m. EST on March 31, 2015. Defendant further hereby irrevocably assigns, sells, conveys, grants, and transfers to HHC, without recourse, all of Defendant's rights, title and interest in and to the HARUSUSHICAFE.COM domain name, including without limitation, all federal, foreign, statutory and common law and other rights residing in Defendant's HARUSUSHICAFE.COM domain name, all domestic and foreign applications, registrations, extensions and renewals of such applications and registrations, all goodwill of the businesses connected with and symbolized by the HARUSUSHICAFE.COM domain name, all rights to causes of action and remedies related thereto, including without limitation, the right to sue and seek damages for past, present, and future infringements thereof, and any and all other rights and interests arising out of, or in connection with the harusushisewell.com domain name.

8. Notwithstanding Defendant's obligations as set forth in Paragraphs 8 through 9 above, Defendant:

10. The undersigned represent that the respective parties have had the opportunity to engage independent legal counsel or have obtained the advice of counsel and are consenting and agreeing to all of the terms of this Judgment freely and voluntarily.

11. The Clerk of the Court shall enter this Judgment promptly on the docket of the Court pursuant to Rule 58 of the Federal Rules of Civil Procedure and this action is hereby dismissed without costs or attorney's fees, save this Court shall retain exclusive jurisdiction over this action for disputes arising out of the settlment agreement executed by the Parties or this Judgement.

IN WITNESS WHEREOF, the parties hereto have caused this Judgment to be executed on the dates set forth below and hereby consent to the form and entry of this Consent Judgment.

SO ORDERED.