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Vmr Products, LLC, A Florida Limited Liability Company v. Vas Media Group

February 13, 2013

VMR PRODUCTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
VAS MEDIA GROUP, INC., A CALIFORNIA CORPORATION; ZCOR, INC. D.B.A. EMERALD LUX, A CALIFORNIA CORPORATION; AND JOHN DOES 1-10 DEFENDANTS.



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

JS-6

STIPULATED JUDGMENT

Plaintiff, VMR Products LLC, ("VMR"), Zcor Inc. ("Zcor") d.b.a. Emerald Lux, and VAS Media Group, Inc. ("VAS") (collectively, the "parties") having reached an agreement for the purpose of compromising and resolving the disputes between them and having consented to the entry of this Order, either personally or through their undersigned counsel, and after consideration, it is hereby ORDERED, ADJUDGED, and DECREED as follows:

1. Zcor and VAS have accepted service of the Amended Complaint in this suit, and hereby submit to the personal jurisdiction of this Court.

2. VMR owns all right, title and interest in the mark V2CIGS® trademark, as identified in Paragraph 5 of the Amended Complaint ("the V2CIGS® mark").

3. The V2CIGS® mark is valid and enforceable.

4. Based on VMR's ownership and good faith prior use of the V2CIGS® mark, VMR has superior and exclusive rights in and to the V2CIGS® marks in the United States and any confusingly similar names or marks.

5. Zcor adopted and began using the mark V2 in connection with the sale of electronic cigarettes at least through its website www.emeraldlux.com, and thereby infringed VMR's registered V2CIGS® trademark.

6. Zcor's use of names and marks incorporating the term V2 is likely to cause confusion as to source or origin.

7. The parties desire to settle and have amicably resolved their dispute to each of their satisfaction, and have memorialized the terms of such settlement in a Settlement Agreement, executed on January 22, 2013.

RELIEF GRANTED TO PLAINTIFF:

8. Zcor and VAS, and their respective officers, agents, owners, servants, employees and attorneys and all persons in active concert and participation with them are hereby permanently restrained and enjoined from:

(a) using any VMR trademarks or any variation thereof, specifically including, but not limited to: V2CIGS® and V2;

(b) diluting, blurring, passing off or falsely designating the origin of any VMR trademark and from injuring ...


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