[PROPOSED] STIPULATED FINAL JUDGMENT

ANDRÉ BIROTTE, Jr., District Judge.

A. Trademark Applications

1. Plaintiff hereby abandons its applications with the U.S. Pantent and Trademark Office ("USPTO") seeking to trademark "LiquiCalcium" (Serial No. 86507597), and "LiquiCalcium 6 Plus" (Serial No. 86513049).

2. Plaintiff and its officers, agents, directors, and employees, or affiliates, whether acting directly or indirectly, shall immediately take all actions necessary to withdraw the above mentioned applications with prejudice, and shall not seek to file any new trademark applications that have any substantial similarity to the Mark.

3. Plaintiff and its officers, agents, directors, and employees, or affiliates, whether acting directly or indirectly, are hereby permanently enjoined from any use of the marks "LiquiCalcium," "LiquiCalcium 6 Plus," "LIQUI-CALCIUM" (the "Marks") or any mark that is substantially similar to the Marks.

4. Plaintiff and its officers, agents, directors, and employees, or affiliates, whether acting directly or indirectly, shall not oppose Tishcon's application to trademark "LIQUI-CALCIUM" (Serial No. 86715779), and shall take all reasonably necessary actions within Plaintiff's or its employees, agents, directors, employees or affiliate's control, to remove any existing opposition to or suspension of Tishcon's application.

B. Dismissal of Claims

5. Plaintiff hereby dismisses, with prejudice, all claims against Defendants, their employees, directors, officers, agents, or successors and assigns, contained in the First Amended Complaint (Dkt. No. 75).

6. Subject to the right to enforce the provisions of Paragraphs 1 through 4 hereof, Tishcon hereby dismisses all claims against Plaintiff, their employees, directors, officers, agents, or successors and assigns, contained in Tishcon's counterclaims contained in the answer to the FAC (Dkt. No. 103).

IT IS SO ORDERED.