The opinion of the court was delivered by: Honorable Judge Virginia A. Phillips
Plaintiff STARBUZZ TOBACCO, INC. and Defendants FUSION TOBACCO, INC. and EMAD ABDALLAH (incorrectly sued as IMAD ABDALLAH) hereby agree and stipulate to the Court's entry of a permanent injunction against Defendants and in favor of Plaintiff.
This matter, having come before the Court upon the stipulation of the Parties, the Parties having agreed to the entry of this permanent injunction as a condition for the dismissal with prejudice of this action, and the Court being otherwise fully advised in the premises.
WHEREAS, Plaintiff, Starbuzz Tobacco, Inc. ("Starbuzz") has alleged various causes of action including, but not limited to, trademark infringement and unfair competition, as identified in the Complaint filed in this case;
WHEREAS, By entering into this Stipulated Permanent Injunction, Defendants Fusion Tobacco, Inc., Emad Abdallah (collectively, "Defendants") do not admit or deny any wrongdoing or liability as to the claims asserted in the Complaint;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants, and their officers, directors, owners, partners, employees, agents, assigns, and representatives, are hereby permanently and forever enjoined from using the trademarks "SEX ON THE BEACH", "FUN ON THE BEACH", "X ON THE BEACH", "FUSION SENSATION", "OCEAN MIST", "CHRISTMAS MIX", "WHITE PEACH", "SWEET MELON", "WILD MINT", "BLUE MIST", "HAWAIIAN MIST", and "CITRUS MINT", any names and/or logos identified in the Complaint filed in this case, or any names, phrases, or logos confusingly similar thereto as provided under the Lanham Act, alone or in combination with tobacco or tobacco related products (the "Injunction").
IT IS FURTHER ORDERED that this Order shall issue and be enforceable without the posting of security by Starbuzz, pursuant to Federal Rules of Civil Procedure 65(c).
IT IS FURTHER ORDERED that this Injunction shall be deemed to have been served upon the Defendants and each of them at the time of its execution by the Court.
IT IS FURTHER ORDERED that the Injunction shall become effective as of May 27, 2010 and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs entry of this Injunction against the Defendants effective as of May 27, 2010.
IT IS FURTHER ORDERED that the Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Injunction.
Honorable Virginia A. Phillips United States District Judge
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