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ESSLER v. JIM SUPPORT ENTERPRISES

December 14, 2005.

KIRK G. ESSLER, an individual and dba THEJOYRIDER.COM, Plaintiff(s),
v.
JIM SUPPORT ENTERPRISES, a California partnership, ANDRE GENEVOY, an individual and ROBERT L. CODEKAS, an individual, Defendant (s). KIRK G. ESSLER, an individual and dba THEJOYRIDER.COM, Plaintiff(s), v. CERUZZI CONCEPTS, INC., a Georgia corporation, and LOUIS CERUZZI, an individual, Defendant(s).



The opinion of the court was delivered by: MARIA-ELENA JAMES, Magistrate Judge

STIPULATED JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS JIM SUPPORT ENTERPRISES, ANDRE GENEVOY, ROBERT L. CODEKAS, CERUZZI CONCEPTS, INC. AND LOUIS CERUZZI
ORDER CLOSING FILE
WHEREAS, on January 4, 2005, Kirk G. Essler, an individual and dba The JoyRider and dba www.TheJoyRider.com ("Essler") filed its complaint for Patent, Trademark, Copyright Infringement and Unfair Competition ("Complaint") against, inter alia, Defendants JIM SUPPORT ENTERPRISES, a California partnership, ANDRE GENEVOY, an individual and ROBERT L. CODEKAS, an individual (collectively, "Defendants"); WHEREAS, on February 4, 2005, Kirk G. Essler, an individual and dba The JoyRider and dba www.TheJoyRider.com ("Essler") filed its complaint for Patent, Trademark, Copyright Infringement and Unfair Competition ("Complaint") against, inter alia, Defendants CERUZZI CONCEPTS, INC., a Georgia corporation, and LOUIS CERUZZI, an individual (collectively, "Defendants");

  WHEREAS, the parties hereto desire that the Court enter this [PROPOSED] STIPULATED JUDGMENT AND PERMANENT INJUNCTION as set forth below.

  THE PARTIES HEREBY AGREE AND STIPULATED, AND THE COURT ORDERS, ADJUDGES AND DECREES, AS FOLLOWS:

  1. This Court has jurisdiction of the subject matter of the action and the parties to this action, and venue is proper in this judicial district;

  2. Essler is the owner of United States Patent No. 6,030,039 entitled which originally issued on February 29, 2000, to Kirk G. Essler (the "039 Patent");

  3. The `039 Patent is valid and enforceable;

  4. Essler is the owner of the trademark JOYRIDER and is the owner of United States Trademark Application Serial No. 76/628,287 filed Jan. 19, 2005 for the trademark JOYRIDER which has been in continuous use since September 28, 1997 and which has been in continuous use in interstate commerce since November 8, 1997 (the "Trademark");

  5. The Trademark is valid and enforceable;

  6. Essler is the owner of Copyright Application Serial No. ___ N.A. ___ filed October 20, 2005 for material used to promote and advertise his product The JoyRider on the world wide web, in labels, brochures, printed materials and other publications (the "Copyright");

  7. The Copyright is valid and enforceable;

  8. Plaintiff hereby dismisses the present cases with prejudice.

  9. Defendants, and their officers, agents, servants, employees and attorneys, and those persons in active concert and participation with Defendants, are permanently enjoined from directly or indirectly:

  a. Manufacturing, marketing, using, offering for sale and/or sale of all products that infringe the `039 Patent and/or products bearing Essler's patent number.

  b. Manufacturing, marketing, offering for sale and/or sale of all products bearing any mark, notice, words or lettering, or making any other ...


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