Filed: Aug. 26, 2016
Latest Update: Aug. 26, 2016
Summary: CONSENT JUDGMENT AND PERMANENT INJUNCTION PERCY ANDERSON , District Judge . This Court, having considered the request of the Parties to enter the following relief, and such relief appearing reasonable under the circumstances, The Court finds as follows: On May 26, 2016, this Court entered a Preliminary Injunction. Plaintiff KRBL Limited ("KRBL") and Defendant Overseas Food Distribution, LLC ("OFD") have now stipulated to the entry of the following Consent Judgment and Permanent Injunction
Summary: CONSENT JUDGMENT AND PERMANENT INJUNCTION PERCY ANDERSON , District Judge . This Court, having considered the request of the Parties to enter the following relief, and such relief appearing reasonable under the circumstances, The Court finds as follows: On May 26, 2016, this Court entered a Preliminary Injunction. Plaintiff KRBL Limited ("KRBL") and Defendant Overseas Food Distribution, LLC ("OFD") have now stipulated to the entry of the following Consent Judgment and Permanent Injunction...
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CONSENT JUDGMENT AND PERMANENT INJUNCTION
PERCY ANDERSON, District Judge.
This Court, having considered the request of the Parties to enter the following relief, and such relief appearing reasonable under the circumstances,
The Court finds as follows:
On May 26, 2016, this Court entered a Preliminary Injunction. Plaintiff KRBL Limited ("KRBL") and Defendant Overseas Food Distribution, LLC ("OFD") have now stipulated to the entry of the following Consent Judgment and Permanent Injunction.
The parties agree and the Court finds as follows:
A. Plaintiff KRBL has brought this action asserting its registered U.S. copyright and its trade dress rights, and OFD denied the allegations.
B. Plaintiff KRBL's claims relate to the following packaging (the "KRBL Trade Dress"):
C. Defendant OFD has sold a brand of basmati rice known as "India Salaam" in the following packaging (the "INDIA SALAAM Packaging"):
D. The INDIA SALAAM Packaging is strikingly similar to the KRBL Trade Dress, and therefore infringes KRBL's copyright interests in same. Further, the INDIA SALAAM Packaging is likely to cause confusion in the marketplace with the KRBL Trade Dress, and therefore infringes KRBL's trade dress rights in same.
E. The Parties have reached a negotiated settlement memorialized in a Settlement Agreement between the Parties, and request that the Court enter the following relief.
Therefore, JUDGMENT IS HEREBY ENTERED in favor of KRBL.
Pursuant to Fed. R. Civ. P. 65, it is hereby ORDERED that Defendant OFD and its employees, agents, officers, directors, shareholders, subsidiaries, parent companies, related companies, all persons under the direction of OFD, and other persons in active concert or participation with any of them and who receive actual notice of this Order (together, the "Enjoined Parties"), are hereby permanently prohibited from importing, reproducing, distributing, making derivative works of, or publicly displaying any products within the United States in the INDIA SALAAM Packaging or in any packaging that is substantially similar to, or likely to cause confusion with, the KRBL Trade Dress.
The Court does not award any monetary relief to either Party, and each Party shall bear its own costs and attorneys' fees. This is a final order.
