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International Oddities, Inc., A California Corporation v. Domestic Oddities Wholesale Distribution LLC

August 23, 2012

INTERNATIONAL ODDITIES, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
DOMESTIC ODDITIES WHOLESALE DISTRIBUTION LLC, A NEVADA LIMITED LIABILITY COMPANY, ERIC C. FONTENELLE, AN INDIVIDUAL, RICK CHERVENAK, AN INDIVIDUAL, BRETT M. MCSPADDEN, AN INDIVIDUAL, AND DEREK L. DURBIN, AN INDIVIDUAL, DEFENDANTS.



The opinion of the court was delivered by: The Honorable Christina A. Snyder,United States District Judge

PERMANENT INJUNCTION BY CONSENT WITH RESPECT TO DEFENDANTS DOMESTIC ODDITIES WHOLESALE DISTRIBUTION LLC, A NEVADA LIMITED LIABILITY COMPANY, ERIC C. FONTENELLE, AN INDIVIDUAL, AND BRETT M. MCSPADDEN, AN INDIVIDUAL

WHEREAS, plaintiff International Oddities, Inc. ("IO" or "Plaintiff") has filed its complaint in the above-entitled action against defendants Domestic Oddities Wholesale Distribution, LLC ("Domestic Oddities"), Brett M. McSpadden ("McSpadden"), and Eric C. Fontenelle ("Fontenelle") (collectively referred to as "Defendants), among the various other above-named defendants for trademark infringement, unfair competition, false designation of origin, dilution, and cyberpiracy, among other related causes, concerning IO's federally registered trademarks INTERNATIONAL ODDITIES® and BLACK WIDOW®;

WHEREAS, Defendants are in the business of marketing, selling, and distributing various products over the Internet, including, without limitation, "herbal potpourri," "herbal incense" and smoking accessories, through websites owned, operated, or hosted by one or more of the Defendants and/or their affiliates;

WHEREAS, in exchange for IO's dismissal of the complaint in this Action, without prejudice, as to Defendants, and the terms of the Settlement Agreement between Defendants and IO, Defendants and IO have stipulated to entry of a permanent injunction as to Defendants, on the following terms and conditions;

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

1. This Court has jurisdiction of the subject matter of this litigation and personal jurisdiction over Domestic Oddities, McSpadden, and Fontenelle.

2. Defendants waive the right to appeal from entry of this Permanent Injunction By Consent With Respect To Defendants Domestic Oddities Wholesale Distribution LLC, A Nevada Limited Liability Company, Eric C. Fontenelle, An Individual, And Brett M. Mcspadden, An Individual ("Permanent Injunction" or "Order").

3. Plaintiff is a corporation organized under the laws of the State of California, having an address at 927 Deep Valley Drive, No. 163, Rolling Hills, CA 90274.

4. Domestic Oddities is a limited liability company organized under the laws of the State of Nevada having its principal place of business at 2821 Sisteron Court, Henderson, Nevada 89044.

5. McSpadden is an individual residing at 222 Karen Avenue, Unit 4308, Las Vegas, Nevada 89109.

6. Fontanelle is an individual residing at 222 Karen Avenue, Unit 4308, Las Vegas, Nevada 89109.

7. Plaintiff is the owner of the United States Trademark Registrations and common law trademarks/service-marks (collectively "Plaintiff's Trademarks") listed on Exhibit 1 hereto.

8. Plaintiff's Trademarks are valid, enforceable, and subsisting. 9. As a result of Plaintiff's extensive use and advertising of the Plaintiff's Trademarks, the Plaintiff's Trademarks have become well known to the industry and the purchasing public to be associated with Plaintiff.

10. Plaintiff has superior rights to exclusive use of the Plaintiff's Trademarks vis-a-vis Defendants ...


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