STIPULATED PERMANENT INJUNCTION AND ORDER OF DISMISSAL

PERCY ANDERSON, District Judge.

Plaintiffs Drip More, LLC ("Drip More") and Brian Bereber ("Bereber") (collectively, "Plaintiff" or "Drip More"), filed their Complaint against Defendants CravinVapes LLC ("CravinVapes"), Licensed Eliquid Manufacturing LLC ("Licensed Eliquid"), and Hoosier Vapes Inc. ("Hoosier") (collectively, "Defendants") on April 16, 2018. The Complaint asserted claims against Defendants for trademark infringement, trade dress infringement, false designation of origin, unfair competition, and copyright infringement under federal and California law.

Drip More and Hoosier have entered into an agreement settling their dispute and hereby stipulate to the entry of this Stipulated Permanent Injunction and Order of Dismissal, the latter pursuant to Fed. R. Civ. P. 41(a)(2).

NOW THEREFORE, Drip More and Hoosier hereby stipulate and agree as follows:

1. This Court has subject matter jurisdiction under 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1332, 1338 and 1367, as the claims arise in part under the Lanham Act, 15 U.S.C. § 1051, et seq. This Court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. §§ 1332, 1338(b), and 1367. This Court has personal jurisdiction over the parties hereto. Venue is proper in this District under 28 U.S.C. §1391(b)-(c).

2. Drip More is the owner of the entire right, title and interest in and to the trademark CANDY KING and numerous KING-based trademarks in connection with the manufacture, promotion and sale of electronic cigarette liquid (e-liquid), including but not limited to U.S. Trademark Registration Nos. 5,426,943 and 5,418,220, and U.S. Trademark Application Nos. 87-584,724; 87-584,691; 87-584,718; and 87-609,250, as well as common law rights in the trademarks BATCH, WORMS, and SOUR WORMS (collectively the "KING Marks").

3. Drip More is also the owner of its distinctive crown logo, which it uses both as a design element in the "A" in CANDY, and, more prominently, as a feature of the CANDY KING mark ("King Logo Marks"). Typical of the King Logo Marks is the following appearing in Drip More's CANDY KING mark, U.S. Registration No. 5,418,220:

4. Drip More owns the inherently distinctive trade dress that incorporates the King Logo Marks, a colorful stylized background, and a product mark under the CANDY KING mark ("Batch and Worm Trade Dress"). Representative images illustrating certain aspects of the trade dress of Drip More's well known and distinctive e-liquid bottles are shown below:

5. The KING Marks, the King Logo Marks, and the Batch and Worm Trade Dress are collectively referred to as the "Candy King Marks." The Candy King Marks include the registrations and applications listed in Exhibit A. In addition to Drip More's trademarks discussed above, Drip More uses distinctive label for its products, including but not limited to the label art featured below for its SOUR WORMS label and its BATCH label, as shown in Paragraph 4 (("Batch and Sour Worms Copyrights") (the Candy King Marks and the Batch and Sour Worms Copyrights shall be referred to hereinafter collectively as the "Candy King IP")). Drip More also owns copyright registration number VA0002117575 and application number TX0008561521 for the artwork for these labels.

6. More commenced use of the Candy King IP, Hoosier began using: i) the marks CLONE KING, PATCH, and SOUR WIGGLERS (collectively the "CLONE KING Marks"); and ii) product labels and promotional and advertising materials featuring the artwork and illustrations appearing below (the "Clone King Labels"):

7. Hoosier has agreed to cease all use of the CLONE KING Marks, Clone King Labels, and anything confusingly similar to the Candy King IP on or prior to September 4, 2018.

8. Permanent Injunction. As of September 4, 2018, Hoosier along with their directors, principals, officers, agents, servants, employees, representatives, successors and assigns, and all those persons or entities acting in concert or participation with them, shall be and hereby are PERMANENTLY ENJOINED and restrained from, or ordered to take affirmative action, as follows:

9. Pursuant to 15 U.S.C. § 1118, Hoosier must deliver up for destruction, or show proof of said destruction or sufficient modification to eliminate all articles, packages, wrappers, products, displays, labels, signs, circulars, kits, packaging, letterheads, business cards, literature, materials, receptacles and any other matter in the possession, custody, or under the control of Hoosier or its agents or distributors bearing any Infringing KING IP, including the Candy King IP, in any form or manner whatsoever, or any mark that is confusingly similar to or a colorable imitation of the Candy King IP, both alone and in combination with other words or terms, and all plates, molds, matrices, and other means of making the same, on or prior to September 17, 2018.

10. Hoosier, pursuant to section 34(a) of the Lanham Act, 15 U.S.C. § 1116(a), must serve upon Drip More on or prior to September 17, 2018, a report in writing under oath setting forth in detail the manner and form in which Hoosier has complied with the terms of this Order and implemented adequate and effective means to either discontinue doing business and/or discontinue offering or selling goods or services bearing the Infringing KING IP, including the Candy King IP. In the event that Hoosier fails to file such a report with the Court on or prior to September 17, 2018, Drip More agrees to provide written notice to Hoosier that it is in violation of this Stipulated Injunction. If Hoosier fails to cure the violation and files and serves the report described herein within ten (10) days of receiving such notice (time being of the essence), Drip More may notify the court, and Hoosier shall be liable for and pay to Drip More its reasonable attorneys' fees in connection with the enforcement by the Court of this Stipulated Injunction.

11. Each party shall pay its own attorneys' fees and costs that have accrued on or before the execution of this Stipulated Injunction.

12. If Hoosier breaches any term of this Stipulated Injunction, Hoosier shall be liable for and pay to Drip More its reasonable attorneys' fees in connection with any future enforcement by the Court of this Stipulated Injunction.

13. Nothing in this Stipulated Permanent Injunction and Order of Dismissal precludes Drip More from asserting any claims or rights that arise solely after entry of this Stipulated Permanent Injunction and Order of Dismissal or that are based upon any breach of, or the inaccuracy of, any representation or warranty made by Drip More in this Stipulated Permanent Injunction and Order of Dismissal or the settlement agreement reached by Drip More and Hoosier.

14. This Stipulated Permanent Injunction and Order of Dismissal is final and may not be appealed by either party.

15. This Stipulated Permanent Injunction applies to and binds all parties who are in active concert or participation with Hoosier as provided in Rule 65(d) of the Federal Rules of Civil Procedure. Hoosier waives any objection under Rule 65(d) of the Federal Rules of Civil Procedure.

16. This Stipulated Permanent Injunction and Order of Dismissal shall bind Hoosier Vapes and its corporate affiliates, successors, assignees, officers, directors, employees, agents, servants, representatives, and shareholders.

17. Drip More's claims against Hoosier are hereby dismissed with prejudice and without costs to either party.

SO ORDERED

Exhibit A

Mark Reg. No. Goods and Services Serial No. IC 034: Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) 5,418,220 comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Containers filled with chemical (CANDY KING flavorings in liquid form for electronic cigarettes; Chemical logo) flavorings in liquid form used to refill electronic cigarette cartridges. IC 034: Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) CANDY KING 87-553,234 comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Containers filled with chemical flavorings in liquid form for electronic cigarettes; Chemical flavorings in liquid form used to refill electronic cigarette cartridges. IC 034: Electronic cigarette liquid (e-liquid) comprised of IC 034: Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) CAKE KING 87-584,691 comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Containers filled with chemical flavorings in liquid form for electronic cigarettes; Chemical flavorings in liquid form used to refill electronic cigarette cartridges IC 034: Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) COFFEE KING 87-584,710 comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Containers filled with chemical flavorings in liquid form for electronic cigarettes; Chemical flavorings in liquid form used to refill electronic cigarette cartridges IC 034: Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) COOKIE KING 87-584,718 comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Containers filled with chemical flavorings in liquid form for electronic cigarettes; Chemical flavorings in liquid form used to refill electronic cigarette cartridges IC 034: Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) CREAM KING 87-584,724 comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Containers filled with chemical flavorings in liquid form for electronic cigarettes; Chemical flavorings in liquid form used to refill electronic cigarette cartridges IC 034: Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill DESSERT 87-584741, electronic cigarette cartridges; Electronic cigarette liquid (e-liquid) KING comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Containers filled with chemical