The opinion of the court was delivered by: Susan Illston, District Judge
STIPULATION FOR ENTRY OF JUDGMENT AND INJUNCTION
This Stipulation by and between plaintiffs and counterdefendants Creative Labs, Inc. and Creative Technology Ltd. (together, "Creative") and defendant and counterclaimant Mad Dog
Multimedia, Inc. ("Mad Dog"), is based upon the following facts:
1. Creative filed this action against Mad Dog on or about September 20, 2002, asserting claims against Mad Dog for trademark infringement; false designation of origin; unfair competition; dilution; false and misleading statements; and declaratory relief.
2. Mad Dog disputed and denied that it had engaged in improper conduct or that Creative was entitled to an award of damages in any amount or to entry of an injunction against Mad Dog.
3. Mad Dog filed counterclaims and amended counterclaims against Creative for antitrust violations, intentional interference with economic advantage, and unfair competition.
4. Creative disputed and denied that it had engaged in improper conduct or that Mad Dog was entitled to an award of damages in any amount or to entry of an injunction against Creative.
5. The parties wish to resolve this dispute and therefore have executed a Confidential Settlement Agreement and Release of Claims dated August 1, 2003 ("Settlement Agreement") which finally resolves and settles this action and/or all other claims and disputes between them. The Settlement Agreement provides for entry of judgment against Mad Dog, including a permanent injunction.
The parties whose counsel sign this Stipulation agree and represent to the Court that:
1. The Court has jurisdiction over the subject matter and each party to this action, not only for purposes of rendering the stipulated judgment, but for enforcing it in any manner permitted by law.
2. The parties have been fully counseled on and understand the consequences of this Stipulation.
3. The attorneys who sign this Stipulation on behalf of the parties are fully authorized to make this Stipulation on behalf of their respective principals.
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Creative and Mad Dog that the Court shall enter the Judgment and Permanent Injunction in substantially the form of the Proposed Judgment and ...