Filed: Jun. 27, 2014
Latest Update: Jun. 27, 2014
Summary: CONSENT JUDGMENT AND ORDER PAUL L. MALONEY, District Judge. WHEREAS, Plaintiff John T. Unger, and Defendants Ohio Flame, LLC and Matt Skillman (collectively the "parties"), have settled this matter pursuant to a Settlement Agreement ("Settlement Agreement"), the terms of which provide for the substance of this Judgment and Order, and the Court being otherwise fully advised in the premises; WHEREAS, the parties have stipulated to this Consent Judgment and Order and to the Settlement Agreement
Summary: CONSENT JUDGMENT AND ORDER PAUL L. MALONEY, District Judge. WHEREAS, Plaintiff John T. Unger, and Defendants Ohio Flame, LLC and Matt Skillman (collectively the "parties"), have settled this matter pursuant to a Settlement Agreement ("Settlement Agreement"), the terms of which provide for the substance of this Judgment and Order, and the Court being otherwise fully advised in the premises; WHEREAS, the parties have stipulated to this Consent Judgment and Order and to the Settlement Agreement ..
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CONSENT JUDGMENT AND ORDER
PAUL L. MALONEY, District Judge.
WHEREAS, Plaintiff John T. Unger, and Defendants Ohio Flame, LLC and Matt Skillman (collectively the "parties"), have settled this matter pursuant to a Settlement Agreement ("Settlement Agreement"), the terms of which provide for the substance of this Judgment and Order, and the Court being otherwise fully advised in the premises;
WHEREAS, the parties have stipulated to this Consent Judgment and Order and to the Settlement Agreement in such a matter as to effectuate the mutual release of all claims that were or could have been brought in this litigation, whether known or unknown.
It is ORDERED that the Parties acknowledge the validity and enforceability of Plaintiff's copyright and trade dress rights in Plaintiff's "The Great Bowl O' Fire" fire bowl.
It is ORDERED that Defendants shall be permanently enjoined from making, marketing, or selling the fire bowl at issue in this litigation and previously referred to by Defendants' as the "Ring of Fire" fire bowl; from reproducing, preparing derivative works, distributing copies, or displaying publicly any work substantially similar to Plaintiff's "The Great Bowl O' Fire" fire bowl; and from making, marketing, or selling any item that results in a likelihood of confusion with "The Great Bowl O' Fire" fire bowl.
This is a final judgment that resolves all outstanding claims. This Court retains jurisdiction to adjudicate any other dispute arising out of, or in connection with, the Settlement Agreement or this Judgment and Order.
IT IS SO ORDERED.