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Experience Hendrix, L.L.C. v. Pitsicalis, 1:17-cv-1927 (PAE). (2019)

Court: District Court, S.D. New York Number: infdco20191218a53 Visitors: 17
Filed: Dec. 12, 2019
Latest Update: Dec. 12, 2019
Summary: JUDGMENT AND INJUNCTION PAUL A. ENGELMAYER , District Judge . Plaintiffs, Experience Hendrix, L.L.C., a Washington Limited Liability Company, and Authentic Hendrix, LLC, a Washington Limited Liability Company, ("Plaintiffs"), having filed a Complaint on March 16, 2017; having filed an Amended Complaint on April 26, 2017; and having filed a Second Amended Complaint on May 31, 2017; and having filed a Third Amended Complaint on April 25, 2018, and WHEREAS, Defendant Kurt S. Adler, Inc. ("De
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JUDGMENT AND INJUNCTION

Plaintiffs, Experience Hendrix, L.L.C., a Washington Limited Liability Company, and Authentic Hendrix, LLC, a Washington Limited Liability Company, ("Plaintiffs"), having filed a Complaint on March 16, 2017; having filed an Amended Complaint on April 26, 2017; and having filed a Second Amended Complaint on May 31, 2017; and having filed a Third Amended Complaint on April 25, 2018, and

WHEREAS, Defendant Kurt S. Adler, Inc. ("Defendant" or "Adler"), acknowledges that Plaintiffs are the exclusive owners of the trademark rights in and to the use of the name Jimi Hendrix, Jimi and Hendrix, and any variations thereof, (the "Hendrix Trademarks") set forth in Exhibit A, as well as other intellectual property rights as set forth in the complaints.

WHEREAS, Plaintiffs waive any independent claims against Adler's clients, customers and manufacturers regarding the Adler created Jimi Hendrix products although nothing herein limits the scope of injunctive relief.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that final judgment is hereby granted and ordered entered as the judgment against Defendant Kurt S. Adler, Inc., in this action as follows:

1. This Court retain jurisdiction of the parties hereto for the purpose of any proceedings to enforce injunction and for the continuing discovery obligations of Defendant Adler;

2. The parties hereto have waived appeal from this injunction;

3. The parties each shall bear their own costs and attorney fees;

4. This injunction shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns;

5. Nothing herein shall be construed as waiving or releasing any of Plaintiffs claims against any of the other Defendants; and

6. In the event Defendant or any one of them breaches any provision of this So Ordered Permanent Injunction and Judgment and Plaintiffs must take any steps to enforce their rights hereunder, and Defendant and each of them hereby:

a. waives any defense statutory or equitable defense; and

b. agrees to reimburse Plaintiffs for all of their costs, including actual attorneys' fees, incurred in connection with enforcing their rights under this Order; and

c. shall pay to Plaintiffs the sum of Two Thousand Five Hundred Dollars ($2,500.00) as liquidated damages. Nothing herein shall preclude Plaintiffs from seeking additional damages and costs.

SO ORDERED.

CONSENT, WAIVER AND STIPULATION

The parties hereby stipulate that written Findings of Fact and Conclusions of Law shall be waived and Defendant expressly consents to the entry of the foregoing Stipulated Final Judgment and Writ of Permanent Injunction as final and unappealable and hereby waive notice of entry of Judgment.

As between the parties, the provisions of this Judgment shall be and become effective immediately upon its execution by the parties, and need not await execution by the Court.

KURT S. ADLER, INC. By: ________ Clifford Adler, President Date: 1/31/19 Approved as to form: By: ________ Dorothy M. Weber, Esq. Attorney for Experience Hendrix, L.L.C. and Authentic Hendrix, LLC Date: 1.13.19

Exhibit A

Source:  Leagle

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