[PROPOSED] STIPULATED PERMANENT INJUNCTION AND ORDER OF DISMISSAL
JON S. TIGAR, District Judge.
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, PLEASE TAKE NOTICE THAT, in accordance with the Stipulation for Entry of Permanent Injunction and Order of Dismissal entered into and filed herewith by Plaintiff/ Counterdefendant ROBOCOPP, LLC and Defendant/Counterclaimant Orion Pictures Corporation, through their respective counsel of record in this action, the Court HEREBY FINDS THAT:
1. On September 26, 2016, Plaintiff filed the Complaint in this action, seeking a declaratory judgment that its commercial use of the term "ROBOCOPP" as a business name, trademark and domain name does not infringe any trademark rights of Defendant.
2. On November 28, 2016, Defendant filed an answer and counterclaims, seeking damages, injunctive relief, and other legal and equitable relief based on Plaintiff's use of the mark "ROBOCOPP." In its counterclaims, Defendant asserted (i) that Orion owns valid and incontestable trademarks (the "ROBOCOP Marks") related to the Robocop motion pictures, television shows, videogames, and other media and licensed merchandise, including federal trademark registration nos. 4880501, 1609202, 1557690, and 1523650; (ii) that the ROBOCOP Marks are widely known and extraordinarily famous; and (iii) that Plaintiff's usage of the trade name, mark and domain name "ROBOCOPP" infringed upon and diluted Defendant's ROBOCOP Marks and violated numerous laws, including but not limited to 15 U.S.C. § 1114, 15 U.S.C. § 1125(a)(1)(A), 15 U.S.C. § 1125(a)(1)(B), 15 U.S.C § 1125(c), Cal. Business & Professions Code § 17200, et seq., Cal. Business & Professions Code § 17500, et seq., Cal. Business & Professions Code § 14247, et seq., and various common law rights.
3. Without any admission of liability by any Party, Plaintiff and Defendant have entered into a settlement agreement and have stipulated to the entry by the Court of this Permanent Injunction and Order of Dismissal (the "Permanent Injunction Order") in this action on the terms set forth below.
NOW, THEREFORE, THE COURT HEREBY ORDERS, ADJUDGES, AND DECREES THAT:
A. Pursuant to Rule 65 of the Federal Rules of Civil Procedure, Plaintiff ROBOCOPP, LLC, its respective parent, subsidiary and affiliated companies, together with their respective officers, directors, members, agents, servants, employees, representatives, successors, assigns, licensees, transferees, and all those persons and entities acting in concert or participation with them, or at their direction, or within their control (collectively, the "Enjoined Entities"), SHALL BE PERMANENTLY ENJOINED AND RESTRAINED as follows:
B. Within ten (10) days of the entry of this Permanent Injunction Order, Plaintiff shall provide written notice of the Permanent Injunction Order (1) to each of its respective officers, directors, members, agents, employees, successors, assigns, and licensees; and (2) to all distributors, retailers, wholesalers, and other parties that it knows or has reason to believe are in possession of any item bearing marks the use of which by the Enjoined Entities is prohibited under paragraph A.1 hereinabove, including but not limited to the ROBOCOPP "Sound Grenade" product. Plaintiff shall inform these individuals or entities that, in accordance with this Permanent Injunction Order, the products bearing marks the use of which by the Enjoined Entities is prohibited under paragraph A.1 are not to be advertised, promoted, marketed, displayed, licensed, sold, rented, or otherwise distributed, either within the United States or outside the United States. Plaintiff shall provide a copy of the Permanent Injunction Order as part of such notice, which may be transmitted by email.
C. Plaintiff's request for a declaratory judgment, Defendant's counterclaims against Plaintiff, and all other claims, counterclaims and defenses in this action, are hereby dismissed with prejudice and without costs to either Party, except the Court shall retain continuing jurisdiction for purposes of enforcement of the Permanent Injunction Order and the settlement agreement between the Parties.