Filed: Feb. 01, 2018
Latest Update: Feb. 01, 2018
Summary: ORDER RE: STIPULATION AND CONSENT JUDGMENT AND PERMANENT INJUNCTION ORDER AGAINST DEFENDANTS D/B/A PUSH CLOTHING STORES AND ROVALL WASHINGTON PERCY ANDERSON , District Judge . Plaintiff LAP IP, LLC ("Plaintiff") and Defendants 4FVSX ENTERPRISES, LLC D/B/A/ PUSH CLOTHING STORES and ROVALL WASHINGTON (collectively, "Defendants") stipulate, consent and agree to the following: WHEREAS, Plaintiff commenced this action an January 9, 2018, by filing a Complaint against Defendants bringing clai
Summary: ORDER RE: STIPULATION AND CONSENT JUDGMENT AND PERMANENT INJUNCTION ORDER AGAINST DEFENDANTS D/B/A PUSH CLOTHING STORES AND ROVALL WASHINGTON PERCY ANDERSON , District Judge . Plaintiff LAP IP, LLC ("Plaintiff") and Defendants 4FVSX ENTERPRISES, LLC D/B/A/ PUSH CLOTHING STORES and ROVALL WASHINGTON (collectively, "Defendants") stipulate, consent and agree to the following: WHEREAS, Plaintiff commenced this action an January 9, 2018, by filing a Complaint against Defendants bringing claim..
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ORDER RE: STIPULATION AND CONSENT JUDGMENT AND PERMANENT INJUNCTION ORDER AGAINST DEFENDANTS D/B/A PUSH CLOTHING STORES AND ROVALL WASHINGTON
PERCY ANDERSON, District Judge.
Plaintiff LAP IP, LLC ("Plaintiff") and Defendants 4FVSX ENTERPRISES, LLC D/B/A/ PUSH CLOTHING STORES and ROVALL WASHINGTON (collectively, "Defendants") stipulate, consent and agree to the following:
WHEREAS, Plaintiff commenced this action an January 9, 2018, by filing a Complaint against Defendants bringing claims for trademark infringement and unfair competztion under the Lanham Act; and
WHEREAS, on January 12, 2018, Plaintiff flied a Motion for Preliminary Injunction to stop Defendants from infringing the HUSTLER® Trademarks (the "Motion"); and
WHEREAS, before the hearizag on the Motion, Plaintiff and Defendants stipulated to the permanent injunction set forth below and agreed to a written settlement agreement (the "Settlement Agreement"); and
WHEREAS, the Defendants acknowledge and agree that Plaintiff is the owner to the registered HUSTLER® trademarks set forth in the Complaint; and
WHEREAS, the parties agree that this Court has subject-matter and jurisdiction over the Defendants; and
WHEREAS, the parties hereto understand and agree that this Stipulation Consent Judgment and Permanent Injunction Order shall be made a part of, and is expressly incorporated into, the Settlement Agreement; and
WHEREAS, the parties agree that the Consent Judgment and Permanent Injunction Order below will constitute the final judgment in this mater;
NOW, with the consent of Plaintiff and Defendants, and after due deliberation, it is hereby:
IT IS HEREBY ORDERED, ADJUDGED and DECREED that:
1. Immediately, upon entry of this Consent Judgment and Permanent Injunction Order, Defendants 4FVSX ENTERPRISES, LLC D/B/A PUSH CLOTHING STORES and ROVALL WASHINGTON, together with their officers, directors, partners, agents, subcontractors, employees subsidiaries, successors, assigns, licensees and related companies or entities, and all others acting in concert or participating with them ox actual notice of this order are hereby permanently enjoined and restrained from using the HUTSTLER mark, the "HSTLRS" mark and any confusingly similar variation thereof, in connection with the sale or maxketing of apparel items, including but not limited to t-shirts, sweatshirts, baseball caps, hats and lingerie;
2. This Consent Judgment and Preliminary Injunction Order is bincling and shall inure to the benefit of the parties and their respective affiliates, predecessors, successors, assigns, licensees, manufacturers, heirs and personal representatives and distributors and their respective officers, members, employees, attorneys, and agents;
3. Within fourteen (14) days after entry of this Consent Judgment and Permanent. Injunction Order, Defendants shall file with the Court and serve upon Plaintiff's counsel a signed declaration or affidavit setting forth the manner and form in which Defendants have complied with this Consent Judgment and Permanent Injunction Order;
4. Subject to the foregoing Consent Judgment and Permanent Injunction Order, the above-captioned action is hereby dismissed without prejudice, and this Court shall retain jurisdiction over this matter for the purpose of forcing the terms of this Consent Judgment and Permanent Injunction Order, and the Settlement Agreement; and
5. Each Party to this action shall bear their awn costs and attorneys' fees.
IT IS SO ORDERED.
