Filed: Sep. 29, 2014
Latest Update: Sep. 29, 2014
Summary: [PROPOSED] STIPULATED PERMANENT INJUNCTION AND ORDER OF DISMISSAL CHRISTINA A. SNYDER, District Judge. Pursuant to the stipulation between Plaintiff Sillage LLC ("Sillage") and Defendant P.E., Inc. d/b/a Perfume Emporium ("Perfume Emporium"; Sillage and Perfume Emporium shall be collectively referred to as the "Parties"), the Court ORDERS as follows: 1. The Court has jurisdiction over the Parties and the subject matter at issue in this action. 2. Sillage brought claims for patent infring
Summary: [PROPOSED] STIPULATED PERMANENT INJUNCTION AND ORDER OF DISMISSAL CHRISTINA A. SNYDER, District Judge. Pursuant to the stipulation between Plaintiff Sillage LLC ("Sillage") and Defendant P.E., Inc. d/b/a Perfume Emporium ("Perfume Emporium"; Sillage and Perfume Emporium shall be collectively referred to as the "Parties"), the Court ORDERS as follows: 1. The Court has jurisdiction over the Parties and the subject matter at issue in this action. 2. Sillage brought claims for patent infringe..
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[PROPOSED] STIPULATED PERMANENT INJUNCTION AND ORDER OF DISMISSAL
CHRISTINA A. SNYDER, District Judge.
Pursuant to the stipulation between Plaintiff Sillage LLC ("Sillage") and Defendant P.E., Inc. d/b/a Perfume Emporium ("Perfume Emporium"; Sillage and Perfume Emporium shall be collectively referred to as the "Parties"), the Court ORDERS as follows:
1. The Court has jurisdiction over the Parties and the subject matter at issue in this action.
2. Sillage brought claims for patent infringement under 35 U.S.C. § 271, trademark infringement under 15 U.S.C. § 1114, trade dress infringement under 15 U.S.C. § 1125(a), and unfair competition under Cal. Bus. & Prof. Code § 17200, alleging that Perfume Emporium's marketing and sale of certain Alice & Peter fragrance products caused Sillage harm.
3. Entry of a permanent injunction will achieve the purposes of the statutes giving rise to Sillage's claims, and will resolve the Parties' dispute.
4. Permanent Injunction. Pursuant to Federal Rule of Civil Procedure 65(d), Perfume Emporium, along with its directors, principals, officers, agents, servants, employees, representatives, successors and assigns, and all those persons or entities acting in concert or participation with them, shall be and hereby are PERMANENTLY ENJOINED and restrained from making, using, offering to sell, selling, importing, marketing, or promoting the accused Alice & Peter fragrance products, which incorporate the issued patents and which are named as the Fancy Choco, Showy Toffee, Cheery Cherry, Wicked Berry and Bloody Orange fragrance products.
6. Sillage and Perfume Emporium waive any right to appeal the entry of this Stipulated Permanent Injunction.
7. Pursuant to Federal Rule of Civil Procedure 41(a)(2), Sillage's claims against Perfume Emporium are hereby dismissed with prejudice and without costs to either party. The Court shall retain jurisdiction to enforce this Stipulated Permanent Injunction and Order of Dismissal.
IT IS SO ORDERED.