Opinion
2:21-cv-01022-RSWL-Ex
02-15-2022
ASI FOOD SAFETY, LLC., Plaintiff, v. HYBCO U.S.A., Defendant. HYBCO U.S.A., Third-Party Plaintiff, v. SAMUEL CONTRERAS, individually and doing business as S.C. FOOD SAFETY SOLUTIONS, and DOES 1 through 10, inclusive, Third-party Defendant
Rudolph A. Telscher, Jr. Brendan R. Zee-Cheng HUSCH BLACKWELL LLP Pro Hac Vice Ben M. Davidson Craig S. Hubble Davidson Law Group, ALC Attorneys for Plaintiff ASI Food Safety, LLC. Robert M Ross Klass Helman and Ross Attorney for Defendant HYBCO U.S.A. Alan K. Abrams Abrams & Taheri LLP Attorney for Defendants Samuel Contreras and S.C. Food Safety Solutions.
Rudolph A. Telscher, Jr. Brendan R. Zee-Cheng HUSCH BLACKWELL LLP Pro Hac Vice Ben M. Davidson Craig S. Hubble Davidson Law Group, ALC Attorneys for Plaintiff ASI Food Safety, LLC.
Robert M Ross Klass Helman and Ross Attorney for Defendant HYBCO U.S.A.
Alan K. Abrams Abrams & Taheri LLP Attorney for Defendants Samuel Contreras and S.C. Food Safety Solutions.
ORDER ON JOINT STIPULATED MOTION FOR ENTRY OF JUDGMENT
Honorable Ronald S.W. Lew, Judge.
ASI Food Safety, LLC (“ASI”), Hybco U.S.A., (“Hybco”), Samuel Contreras (Contreras) hereby jointly stipulate and move for entry of judgment, subject to the terms of a confidential “SETTLEMENT AGREEMENT”, dated January 25, 2022. Each party shall bear its own costs, expenses, and attorneys' fees. This matter is before the Court on the joint motion of ASI Food Safety, LLC (“ASI”), Samuel Contreras (Contreras) and Hybco U.S.A., (“Hybco”).
• WHEREAS ASI is the owner of U.S. Trademark Registration No. 5, 401, 259 for the mark ASI in connection with “Auditing and inspection of facilities for food safety purposes; Evaluation of facilities to determine conformity with food safety certification standards, ” which was registered on February 13, 2018 and claims a first date of December 1965; and
• WHEREAS Hybco has used the ASI mark without ASI's consent, in connection with advertising, promotion, and sales, and Contreras denies having used the ASI mark; and
• WHEREAS ASI sued Hybco in this Court for false advertising and trademark infringement and Hybco has filed a Third Party Complaint against Contreras in an action styled ASI Food Safety, LLC v. Hybco U.S.A, No. 2:21-cv-01022-RSWL, pending in the United States District Court for the Central District of California (the “Litigation”); and
• WHEREAS Hybco acknowledges that its use of the ASI mark was not authorized, but Hybco denies that it knew it was using a false certificate.
• WHEREAS ASI, Hybco, and Contreras have reached an agreement to settle the Litigation as set forth in this Consent
Judgment and a separate Settlement Agreement that is contemporaneously and separately being executed; and
• WHEREAS ASI, Hybco, and Contreras request this Consent Judgment be entered in the above-captioned case; and
• WHEREAS ASI, Hybco, and Contreras, each acknowledge this Court has subject matter jurisdiction in this proceeding and, further, consent to personal jurisdiction in the Central District of California for purposes of enforcing the Settlement Agreement in the future.
1. ASI has ownership and standing to sue for infringement of the ASI mark.
2. Hybco has agreed to a judgment of $60,000, which will be award and paid in accordance with the terms of the Settlement Agreement. Hybco acknowledge that its use of the ASI mark was not authorized, but Hybco denies that it knew it was using a false certificate.
3. Contreras has agreed to a judgment of $5,000.00, which will be awarded and paid in accordance with the terms of the Settlement Agreement, but Contreras denies that he used the ASI mark.
4. Defendants Contreras and Hybco, its officers, agents, servants, employees, associates, and other persons who are acting in concert or participated therewith are hereby permanently agree as of the date hereof to refrain from any and all use of the ASI mark, unless it obtains an authorized certificate through ASI.
5. Other than as specified herein, each party shall bear its own costs and attorneys' fees as they relate to any claims or counterclaims raised in the Litigation.
6. This Court shall retain jurisdiction over ASI, Contreras, and Hybco for the purpose of enforcing the terms of this Consent Judgment and over any matters related to or arising from the interpretation or enforcement of the Settlement Agreement.
7. This Consent Judgment constitutes a final adjudication of the issues and claims raised in the Litigation.
IT IS SO ORDERED, DECREED and ADJUDGED.
CERTIFICATE OF SERVICE
I hereby certify that on this 14th day of February, 2022, I caused the foregoing to be filed electronically with the Clerk of Court and to be served via the Court's Electronic Filing System upon all counsel of record.