United States District Court, S.D. California
September 23, 2005.
BEHNKE ENTERPRISES, INC. Plaintiff,
HOBARAMA, INC., et. al. Defendants.
The opinion of the court was delivered by: JEFFREY MILLER, District Judge
STIPULATION OF DISMISSAL WITH PREJUDICE and FOR AN INJUNCTION; AND
ORDER AND INJUNCTION THEREON
Plaintiff, BEHNKE ENTERPRISES, INC ("BEHNKE") and defendant
HOBARAMA LLC ("HOBORAMA"), hereby stipulate as follows:
1. On or about June 20, 2005 BEHNKE filed an action in the
Superior Court of the State of California, San Diego County,
Central District under Case No. GIC 849346 (the "State Court
2. The Complaint generally alleges, among other thins, that
HOBARAMA granted BEHNKE an implied distribution agreement and
engaged in acts of unfair competition by terminating his ability
to buy BAWLS soda and terminating his relationship, if any with HOBARAMA and then usurping the
customers and market developed by BEHNKE in Southern California.
3. On or about July 21, 2005, HOBARAMA filed its answer to the
Complaint and removed the State Court Action to the United States
District Court for the Southern District of California under case
No. 05 CV 1458 JM (WMC) (the "Federal Court Action").
4. During the course of investigation in relation to the
Complaint and prior to the filing of the Complaint, HOBARAMA
learned that BEHNKE has been using the www.gotbawls.com URL.
5. The Parties to the Federal Court Action herby agree and
stipulate that BEHNKE shall dismiss the Federal Court Action,
6. The Parties further stipulate and BEHNKE agrees to be bound
by a stipulated injunction prohibiting SCOTT BEHNKE, BEHNKE
ENTERPRISES, or any agent or affiliate from using the URL for any
and all purposes including the sale of BAWLS soda.
7. The Parties further agree and stipulate that each side shall
bear their own costs and attorneys' fees.
IT IS SO STIPULATED: ORDER OF DISMISSAL, WITH PREJUDICE AND INJUNCTION
Upon the Stipulation of the Parties and Good Cause Appearing
Therefore: It is herby Ordered Adjudged and Decreed that:
1. The entire action shall be and herby is dismissed
2. Plaintiff BEHNKE ENTERPRISES and Scott Behnke and
their agents, affiliates and other related entities
are hereby enjoined and prohibited from use of the
3. Each party shall bear their own costs and
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