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Kirakosian v. Sonic Imports, Inc.

United States District Court, C.D. California

November 6, 2019

ALBERT KIRAKOSIAN, an individual; KIRACO, LLC d/b/a Apple on Top, a California limited liability company, Plaintiffs,
v.
SONICS IMPORTS, INC. d/b/a U.S. Global Imports, d/b/a VAP Master, a California corporation; and DOES 1-10, inclusive, Defendants.

          CONSENT DECREE AND PERMANENT INJUNCTION [JS-6]

          Hon. Consuelo B. Marshall United States District Judge

         CONSENT DECREE AND PERMANENT INJUNCTION

         Upon consideration of the Parties' Stipulation for Entry of Consent Decree and Permanent Injunction with good cause appearing therefrom, the Court orders as follows:

         1. WHEREAS, Plaintiff Albert Kirakosian (“Kirakosian”) is an individual residing in the County of Los Angeles.

         2. WHEREAS, Plaintiff Kiraco, LLC (“Kiraco”) is a limited liability company organized under the laws of California with its principal place of business in Northridge, California 91324. Plaintiff Kiraco does business as Apple on Top and AOT. Plaintiffs design, manufacture and sell hookah and hookah accessories.

         3. WHEREAS, Defendant Sonics Imports, Inc. is a California corporation that does business as U.S. Global Imports and as Vap Master (“US Global”). U.S. Global's principal place of business is located at 406 East 4th Street, Los Angeles, California 90013. U.S. Global offers hookah and hookah accessories for sale.

         4. WHEREAS, Plaintiffs Albert Kirakosian and Kiraco, LLC filed a Complaint in this action charging Defendant Sonics Imports, Inc. with Patent Infringement, Trademark Infringement, Trade Dress Infringement, Unfair Competition under the California Unfair Business Practices Act, and Trademark Infringement under the common law of the state of California, Counterfeiting and False Designation of Origin arising from Defendants' alleged manufacture, distribution, offering for sale and sale of certain products that Plaintiffs allege infringe upon or otherwise violate Plaintiff's rights in their AOT mark, registration number 4, 717, 006; APPLEONTOP mark, registration number 5, 345, 896 and U.S. Design Patent No. D726, 366 (the “Infringing Products”).

         5. WHEREAS, this Court has jurisdiction over the parties herein and has jurisdiction over the subject matter hereof pursuant to 15 U.S.C. § 1121 and 28 U.S.C. § 1338.

         6. WHEREAS, the parties herein have simultaneously entered into a confidential Settlement Agreement and Mutual Release.

         7. And WHEREAS, Defendants have agreed to the below terms of a permanent injunction, IT IS HEREBY ORDERED that:

a. U.S. Global and its agents, servants, successors and assigns are hereby immediately and permanently restrained and enjoined from manufacturing, distributing, selling, offering for sale and/or marketing the Infringing Products or any other products that bear Plaintiff's AOT mark and/or marks confusingly similar thereto.
b. U.S. Global and its agents, servants, successors and assigns are hereby immediately and permanently restrained and enjoined from manufacturing, distributing, selling, offering for sale and/or marketing the Infringing Products or any other products that bear Plaintiff's APPLEONTOP mark and/or marks confusingly similar thereto;
c. U.S. Global and its agents, servants, successors and assigns are hereby restrained and enjoined from manufacturing, distributing, selling, offering for sale and/or marketing the Infringing Products or any other products that infringe U.S. Design Patent No. D726, 366, and from causing, inducing or contributing to the infringement of U.S. ...

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