Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

PERSONALIZED ONLINE PHOTO v. STEIN

United States District Court, S.D. New York


July 6, 2004.

PERSONALIZED ONLINE PHOTO, LLC, Plaintiff,
v.
SCOTT STEIN and KIDEOTAPES, Defendants.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT

This civil action having come on before the Court between Plaintiff Personalized Online Photo, LLC ("POP") and Defendants Scott Stein and Kideotapes (collectively "Defendants") and the Court being advised that the parties have settled their differences in, and have agreed to the termination of, this civil action in accordance with a Settlement Agreement and this Final Judgment and Permanent Injunction on Consent and the entry thereof;

  NOW, THEREFORE, upon the consent of all of the parties hereto, it is hereby ORDERED, ADJUDGED AND DECREED that:

  1. This Court has jurisdiction over the subject matter of, and the named parties herein to, this action, and venue of this action is properly brought in this District; 2. POP is the sole owner of United States Trademark Registration No. 2,694,281 for the mark KIDEO (the "KIDEO mark") and all rights associated therewith, which issued to registration on March 11, 2003, and which is used to identify the source of POP's media products.

  3. POP's United States Trademark Registration No. 2,694,281 is hereby decreed valid and enforceable;

  4. Defendants and their officers, agents, servants and employees and all other persons or companies in active concert or participation with them are hereby permanently enjoined and restrained from infringing POP's United States Trademark Registration No. 2,694,281, and from aiding, abetting, assisting, inducing or contributing to the infringement of said trademark; from advertising, promoting, using and/or distributing goods and/or services in connection with the KIDEOTAPES Marks; from using, registering or trafficking in the Internet domain name KIDEOTAPES.COM or any other domain name which is the same as or confusingly similar to POP's federally registered KIDEO Mark; from publishing, displaying, distributing or otherwise using any photograph, picture or text suggesting or implying that Defendants are authorized, approved or sponsored by or affiliated with, POP; and from using any false descriptions or any false designations of origin or from otherwise committing any acts of unfair competition or deceptive acts and practices with respect to POP's KIDEO Mark;

  5. Within ten (10) days of the entry of this Final Judgment and Permanent Injunction on Consent, Defendants shall take all necessary action to transfer the domain name "KIDEOTAPES.COM" to POP by initiating the transfer on-line through the present registrar, by providing POP with a password by which POP can create its own account with the registrar, and by performing any other necessary actions as requested by POP to effectuate transfer of the KIDEOTAPES.COM domain name to POP. Defendants shall pay all costs relating to and associated with the transfer;

  6. Each party shall bear their own attorney's fees and costs;

  7. This Final Judgment and Permanent Injunction on Consent shall be binding upon all of the parties hereto and any of their officers, agents, servants, employees, representatives, heirs, successors, assigns, and any and all affiliated companies or individuals;

  8. All claims and counterclaims asserted in this action are hereby dismissed with prejudice; and

  9. This Court shall retain jurisdiction over the parties for the purposes of enforcing the Settlement Agreement and this Final Judgment and Permanent Injunction on Consent. The foregoing Final Judgment and Permanent Injunction on Consent is consented to as to form:

IT IS SO ORDERED.
20040706

© 1992-2004 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.