United States District Court, C.D. California
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. ...