Filed: Jun. 07, 2016
Latest Update: Jun. 07, 2016
Summary: CONSENT DECREE, PERMANENT INJUNCTION, AND ORDER FOR JUDGMENT EDWARD M. CHEN , District Judge . WHEREAS the parties have agreed to settlement pursuant to the terms of a Settlement Agreement entered into between them, without adjudication of any issue of fact or law, and pursuant to the terms thereof, desire the Court to enter the following Consent Decree and permanent injunction; NOW THEREFORE, on the joint motion of Plaintiff and Defendants, it is hereby ORDERED, ADJUDGED, and DECREED a
Summary: CONSENT DECREE, PERMANENT INJUNCTION, AND ORDER FOR JUDGMENT EDWARD M. CHEN , District Judge . WHEREAS the parties have agreed to settlement pursuant to the terms of a Settlement Agreement entered into between them, without adjudication of any issue of fact or law, and pursuant to the terms thereof, desire the Court to enter the following Consent Decree and permanent injunction; NOW THEREFORE, on the joint motion of Plaintiff and Defendants, it is hereby ORDERED, ADJUDGED, and DECREED as..
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CONSENT DECREE, PERMANENT INJUNCTION, AND ORDER FOR JUDGMENT
EDWARD M. CHEN, District Judge.
WHEREAS the parties have agreed to settlement pursuant to the terms of a Settlement Agreement entered into between them, without adjudication of any issue of fact or law, and pursuant to the terms thereof, desire the Court to enter the following Consent Decree and permanent injunction;
NOW THEREFORE, on the joint motion of Plaintiff and Defendants, it is hereby ORDERED, ADJUDGED, and DECREED as follows:
Jurisdiction
1. This Court has jurisdiction of the subject matter and of the parties.
Injunctive Relief
2. Herba Enterprise, Inc. and David Cheung, their officers, agents, servants, employees, attorneys are hereby permanently enjoined from:
(a) Using Ginseng Board of Wisconsin, Inc.'s certification mark, U.S. Registration No. 1755967, in any way or manner in connection with any product, including but not limited to use in conjunction with the sale, offering of sale, advertisement or marketing of ginseng or products containing ginseng; and
(b) Doing any other act or thing likely to induce the belief that ginseng or products containing ginseng which are sold or marketed by Herba Enterprise, Inc. or David Cheung are in any way connected with, sponsored, affiliated, licensed, endorsed or certified by Ginseng Board of Wisconsin, Inc.
Costs of Action
3. Each party shall bear their own attorneys fees, costs and disbursements each has incurred in prosecuting or defending this action.
Continuing Jurisdiction
4. This Court shall retain jurisdiction of this matter for the purposes of enabling any of the parties to this Consent Decree to apply to the Court at any time for such further orders or directives as may be necessary or appropriate for the interpretation or modification of this Consent Decree, or for enforcement of compliance therewith.
BASED UPON THE FOREGOING, it is hereby ORDERED that judgment be entered pursuant to all of the terms and conditions recited above. The Clerk of the Court is directed to close this case.
