Filed: Jan. 06, 2016
Latest Update: Jan. 06, 2016
Summary: FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION EDWARD M. CHEN , District Judge . Based on the Stipulation between the Plaintiffs Apollo Education Group, Inc. ("Apollo") and University of Phoenix, Inc. ("University of Phoenix") (collectively "Plaintiffs") and Defendant Vivek Somani ("Defendant") and on the Court's Order, the terms of which are incorporated into this Judgment in their entirety, judgment is granted in favor of Plaintiffs and against Defendant as follows: I. Transfer of Dom
Summary: FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION EDWARD M. CHEN , District Judge . Based on the Stipulation between the Plaintiffs Apollo Education Group, Inc. ("Apollo") and University of Phoenix, Inc. ("University of Phoenix") (collectively "Plaintiffs") and Defendant Vivek Somani ("Defendant") and on the Court's Order, the terms of which are incorporated into this Judgment in their entirety, judgment is granted in favor of Plaintiffs and against Defendant as follows: I. Transfer of Doma..
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FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION
EDWARD M. CHEN, District Judge.
Based on the Stipulation between the Plaintiffs Apollo Education Group, Inc. ("Apollo") and University of Phoenix, Inc. ("University of Phoenix") (collectively "Plaintiffs") and Defendant Vivek Somani ("Defendant") and on the Court's Order, the terms of which are incorporated into this Judgment in their entirety, judgment is granted in favor of Plaintiffs and against Defendant as follows:
I. Transfer of Domain Names
Within ten (10) days of entry of the judgment, Defendant will transfer and assign to Plaintiff Apollo all rights, title, and interest in and to the domains listed in Exhibit A attached hereto (the "Domains"), including any and all goodwill and trademark rights associated with the Domains.
II. Permanent Injunction
In final resolution of Plaintiffs' trademark infringement and cybersquatting claims, the Court orders that Defendant or anyone acting in concert with him is permanently enjoined from:
a. registering and using any domain name which refers or relates to any trademarks of Apollo or its related company, University of Phoenix, Inc., including without limitation "UOP", "Phoenix" and the University of Phoenix course number designations; and
b. creating, promoting, distributing and/or selling any purported educational materials referring or relating to Assignor, the University of Phoenix, or any educational program offered by University of Phoenix.
III. Retention of Jurisdiction
It is further ORDERED that this Court shall retain jurisdiction over all parties and of this matter in law and equity for purposes of enforcing and/or adjudicating claims of violations of this Order, the Final Judgment and Permanent Injunction, or any disputes arising in connection with the Confidential Settlement Agreement entered by the parties. Any such matters shall be raised by noticed motion.
The Court shall retain jurisdiction only for three years from the date of this order and judgment.
IT IS SO ORDERED.
