STIPULATED JUDGMENT AND INJUNCTION

DAVID O. CARTER, District Judge.

This matter comes before the Court on the parties' Proposed Order Entering Judgment and Injunction ("Proposed Order") disposing of this action. It appearing that the parties have reached a settlement of all matters in dispute in this action without trial, and that, as part of such settlement, the parties, through their counsel of record, consent and agree to the entry of this Proposed Order, which shall constitute a final judgment in this action.

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:

FINDINGS

1. The Court has jurisdiction over the subject matter of the case and defendants Liquidmetal Coatings, LLC and John Kang (collectively, "Defendants") pursuant to 15 U.S.C. § 1121, 28 U.S.C. § 1331, 28 U.S.C. § 1367, 15 U.S.C. §§ 1114 and 1125, and its inherent equitable authority.

2. Venue as to this action and the Defendants in the Central District of California (Southern Division — Orange County) is proper under 28 U.S.C. § 1391(b) and 28 U.S.C. § 1367(a).

3. On May 13, 2019, Plaintiff Liquidmetal Technologies, Inc. ("Plaintiff") filed its Complaint (Dkt. No. 1) in this action alleging claims for federal trademark infringement under 15 U.S.C. § 1114, federal trademark infringement/false designation of origin under 15 U.S.C. § 1125, common law trademark infringement, state unfair competition under Cal. Bus. & Prof. Code §§ 17200 et seq., and common law unfair competition against Defendants.

4. Due to a typographical error, Defendant Liquidmetal Coatings, LLC was incorrectly identified as Liquidmetal Coating, LLC in the caption only, and the case was incorrectly captioned as Liquidmetal Technologies, Inc. v. John Kang & Liquidmetal Coating, LLC. The Complaint otherwise identifies the correct defendants. By stipulation, the parties requested a correction to the case caption.

5. Defendants were served with Summons and the Complaint on May 21, 2019 (Dkt. No. 13).

6. On June 10, 2019, Defendants appeared through their counsel of record and filed an answer (Dkt. No. 14).

7. Plaintiff asserts its rights in the trademark LIQUIDMETAL, for which it owns myriad registrations in the U.S. Patent and Trademark Office across myriad classes related to alloy and metal structures and amorphous metals, including Reg. No. 3610314, Reg. No. 4732528, Reg. No. 3633282, and Reg. No. 2312889, as well as common law rights (hereinafter, "Mark" or "Marks").

8. Defendants admit the Court's jurisdiction, the validity of the Marks, and Plaintiff's ownership of the Marks.

9. The parties have entered into a Settlement Agreement and acknowledge that the settlement of this dispute is fair, reasonable, and just.

10. The parties understand and agree that violation of any terms of this Order may give rise to the available contempt remedies and penalties.

ORDER

IT IS HEREBY ORDERED that final judgment as to liability is hereby entered against Defendants Liquidmetal Coatings, LLC and John Kang and in favor of Plaintiff Liquidmetal Technologies, Inc.

I. PARTIES BOUND

IT IS FURTHER ORDERED that this Order shall apply to and be binding upon Plaintiff and Defendants and their successors. Unless by operation of law, no change or changes in the ownership or corporate status or other legal status of Defendants, including, but not limited to, any transfer of assets or of real or personal property, shall in any way alter Defendants' responsibilities under this Order, Pursuant to Federal Rule of Civil Procedure 65(d), the provisions of this Order are binding upon Defendants, and its officers, agents, servants, representatives, employees, and all other persons or entities in active concert or participation with it, who receive actual notice of this Order by personal service; service on a registered agent; service by any other manner permitted under Federal Rule of Civil Procedure 4(h) and/or California Code of Civil Procedure § 415.20; or otherwise.

II. MONETARY JUDGMENT

IT IS FURTHER ORDERED that, by consent of the parties, Plaintiff is awarded judgment against Defendants in the principal amount of Ten Thousand United States Dollars (U.S.D. 10,000.00), plus interest at the legal rate imposed on judgments after entry, the Court finding such sum to be reasonable based on the facts presented in this action.

III. INJUNCTION

IT IS FURTHER ORDERED that Defendants and their officers, agents, servants, employees, and attorneys; and other persons who are in active concert or participation with anyone described in Federal Rule of Civil Procedure 65(d)(2)(A) or (B), whether acting directly or through any person or entity, are hereby ordered and are permanently enjoined and restrained from, or assisting others from, the following:

(1) Affixing the Mark to any products, services, advertisements, promotions, and communications, other than in connection with the sale of offer for sale of products and services relating to metallic coating material in the form of a wire or powder that is sprayed in liquid form on industrial equipment for use as a coating to protect against wear, corrosion, or abrasion;

(2) Using any website that includes the Mark in the domain name, including www.johnkangliquidmetal.com;

(3) Describing John Kang as "John Kang Liquidmetal," "John Kang Liquidmetal Technologies," "John Kang of Liquidmetal Technologies," or "John Kang of Liquidmetal Technologies Inc.," including on websites, blogs, and social media;

(4) Describing Plaintiff Liquidmetal Technologies, Inc. as "John Kang's Liquidmetal," or as a parent, subsidiary, or affiliate of LM Group Holdings, Inc.;

(5) Using the name "LM Group Holdings, Inc." in a manner that suggests it is licensed or affiliated with the "Liquidmetal" brand;

(6) Claiming that Defendants developed applications for "Liquidmetal" on the Apple iPhone;

(7) Claiming that Liquidmetal Coatings, LLC offers products or services relating to amorphous alloys or bulk metallic glasses other than coatings (or composite materials containing amorphous alloys or bulk metallic glasses).

IV. OTHER CONDUCT ORDERED

IT IS FURTHER ORDERED that Defendants shall:

(1) Within fourteen (14) days of entry of this Order on the Court's docket, deliver copies of this Order to all of its officers and directors, and to all agents, managers and employees who have responsibility directly or indirectly for any matters covered by this Order, and maintain a record of recipients to whom the Order has been distributed; and

(2) If, at any time, Defendants learns of any past or future violations of this Order, Defendants shall, within seven (7) days after such knowledge is obtained or sooner if feasible, take appropriate action to terminate or modify the activity so as to comply with this Order.

V. WAIVERS AND RELEASES

IT IS FURTHER ORDERED that:

(1) Federal Rule of Civil Procedure 62 is and shall be waived and inapplicable to this Order, such that Plaintiff shall be entitled to immediately, among other things, record and enforce the terms hereof, subject to the terms of the separate Settlement Agreement.

(2) The parties waive and release: (a) all rights to seek appellate review or otherwise challenge or contest the validity of this Order; and (b) any claim that a party may have against the other party, its employees, representatives, agents, or attorneys, or that relate to the matters alleged in the Complaint or stated herein, subject to the terms of the separate Settlement Agreement.

(3) This Order and the separate Settlement Agreement constitute a complete settlement and release by Plaintiff of all claims asserted, or that could have been asserted, in its Complaint against Defendants, its employees, representatives, or agents, which are dismissed with prejudice, subject to any claim against Defendants arising out of any violation of this Order or the Settlement Agreement.

VI. RETENTION OF JURISDICTION

IT IS FURTHER ORDERED that:

(1) This Court shall retain jurisdiction of this matter for purpose of construction, modification, and enforcement of this Order and the separate Settlement Agreement reached by the parties, and making any further orders necessary or proper for the construction of this Order, the enforcement thereof, and the punishment of any violations thereof; and (2) if at any future time Defendants is found to have violated this Order, Defendants shall be liable for all attorney's fees and costs reasonably incurred to enforce this Order or otherwise remedy such violation.

VII. PUBLIC RECORD

IT IS FURTHER ORDERED that this Order shall be a matter of public record.

VIII. COSTS AND ATTORNEY'S FEES

IT IS FURTHER ORDERED that each party shall bear its own costs and attorney's fees incurred in connection with this action, except as provided in the Settlement Agreement and as provided herein with respect to any future violations by Defendants of this Order.

IX. NOTICE OF ENTRY OF ORDER

IT IS FURTHER ORDERED that entry in the docket of this Order by the Clerk of Court shall constitute notice to Defendants of the terms and conditions of this Order, and that Defendants waives all rights to contest in any future proceeding whether Defendants was properly served with the Order.

X. GOVERNING LAW

This Order shall be governed by the law of the State of California.

XI. DEFENDANTS' REVIEW AND APPROVAL OF ORDER

Defendants acknowledges that they have thoroughly reviewed this Order with its attorneys, that they understand and agree to its terms, and that they agree that the terms of this Order shall be entered as the Order of this Court.

IT IS SO ORDERED.