NYC Image Int'l v. RS U.S., Inc.

Full title: NYC IMAGE INTERNATIONAL, INC., Plaintiff, v. RS USA, INC. and MD RUSTOM…

Court: United States District Court, S.D. New York

Date published: Sep 28, 2021

1:19-cv-10355-VSB (S.D.N.Y. Sep. 28, 2021)

Opinion

1:19-cv-10355-VSB

09-28-2021

NYC IMAGE INTERNATIONAL, INC., Plaintiff, v. RS USA, INC. and MD RUSTOM ALI, Defendants.

TANNENBAUM HELPERN SYRACUSE & HIRSCHTRITT LLP ROSS & ASMAR LLC Maryann C. Stallone., Esq. Steven Ross, Esq.

VEMON S. BRODERICK, DISTRICT JUDGE:

TANNENBAUM HELPERN SYRACUSE & HIRSCHTRITT LLP

ROSS & ASMAR LLC

Maryann C. Stallone., Esq.

Steven Ross, Esq.

CONSENT

PERMANENT

INJUNCTION

VEMON S. BRODERICK, DISTRICT JUDGE:

In accordance with the Settlement Agreement among the parties, which the Comt has reviewed, and the parties having consented therein to the entry of this Permanent Injunction it is hereby

ORDERED, ADJUDGED and DECREED, that defendants RS USA Inc. and MD Rustom Ali, together with their officers, directors, agents, servants, employees, ahd all those acting or attempting to act in concert or participation with either of them, are hereby permanently ENJOINED AND RESTRAINED from:

(a) In any way, directly or indirectly, selling merchandise, displaying or| copying or using any design similar to the copyrighted design of Plaintiff known as "Vintage American Flag Design" or any colorable imitation thereof, or any mark confusingly similar thereto, or holding out RS USA or any other business operated by MD Rustom Ali to the public as an authorized trademark owner or dealer of the trademark Vintage American Flag Design or any colorable imitation thereof, or any mark confusingly similar thereto;

or

(b) Stating, suggesting or implying in any manner that RS USA or any other business operated by MD Ruston Ali is authorized to sell, use, display or distribute any Vintage Americana Flag merchandise except as agreed to in the Settlement Agreement, dated