ORDER GRANTING STIPULATION FOR ENTRY OF CONSENT PERMANENT INJUNCTION AND VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE [JS-6]

TERRY J. HATTER, District Judge.

WHEREAS, Plaintiff RCRV, Inc. d/b/a Rock Revival ("RCRV") is the owner of a federally registered design trademark used on and in connection with its ROCK REVIVAL line of jeanswear products, namely, a distinctive inverted fleur-de-lis pocket design (the "INVERTED FLEUR-DE-LIS DESIGN Trademark"), a copy of the registration certificate for the INVERTED FLEUR-DE-LIS DESIGN Trademark, as well as a photograph of such mark as used on ROCK REVIVAL jeanswear, being attached hereto as Exhibit A; and

WHEREAS, on March 20, 2015, RCRV filed a complaint against Hidden Jeans, Inc. d/b/a Cello Jeans ("Hidden Jeans") in this action (the "Civil Action"), seeking injunctive relief and damages for alleged acts of willful trademark counterfeiting and/or infringement, false designation of origin and unfair competition, arising out of Hidden Jeans' design, creation, manufacture, importation, distribution, promotion, advertising, marketing, offer for sale and/or sale of jeanswear under the "Cello Jeans" brand name bearing designs (the "Accused Designs") that, RCRV alleges, infringe its rights in and to the INVERTED FLEUR-DE-LIS DESIGN Trademark (the "Accused Products"), photographs of the Accused Products being attached hereto as Exhibit B; and

WHEREAS, the parties entering into this Consent Permanent Injunction and Voluntary Dismissal of Action With Prejudice (the "Consent Permanent Injunction") are RCRV and Hidden Jeans (each individually a "Party" and collectively the "Parties"); and

WHEREAS, the Parties herein having entered into a Settlement Agreement; and

WHEREAS, the Parties hereto desire to fully settle all of the claims in this Civil Action among the Parties to this Consent Permanent Injunction without the admission of liability on the part of any Party; and

WHEREAS, the Parties have been afforded the opportunity to consult with attorneys of their own choice in connection with the settlement of this action; and

WHEREAS, the Parties have consented to the entry of this Consent Permanent Injunction in full and final resolution of the Civil Action; and

WHEREAS, the Court having jurisdiction over the subject matter of this action and over the Parties, and venue in this action being proper in this judicial district.

The Parties hereby stipulate to the entry by this Consent Permanent Injunction ordering that:

(a) creating, designing, manufacturing, importing, exporting, distributing, supplying, advertising, marketing, promoting, purchasing, offering for sale and/or selling any garments bearing any of the Accused Designs;

(b) creating, designing, manufacturing, importing, exporting, distributing, supplying, advertising, marketing, promoting, purchasing, offering for sale or selling any garments that contain any design or combination of design elements that is confusingly similar to RCRV's INVERTED FLEUR-DE-LIS DESIGN Trademark; and

(c) engaging in any activity constituting unfair competition with RCRV, or acts and practices that deceive the public and/or the trade, including, without limitation, the use of design elements and designations associated with RCRV.

2. Except to the extent relief is granted on RCRV's Complaint through the entry of this Consent Permanent Injunction, this action shall be deemed dismissed with prejudice.

3. The Court retains jurisdiction of this action for the purpose of enforcing the provisions of this Consent Permanent Injunction by way of contempt motion or otherwise.

4. The Parties waive any right to appeal this Consent Permanent Injunction.

5. Each Party shall bear its own costs and attorneys' fees related to this action.

IT IS SO ORDERED.

EXHIBIT A

EXHIBIT B