Behnke Enterprises, Inc. v. Hobarama, Inc.

Full title: BEHNKE ENTERPRISES, INC. Plaintiff, v. HOBARAMA, INC., et. al. Defendants

Court: United States District Court, S.D. California

Date published: Sep 23, 2005

Case No. 05CV1458-JM-(WMC) (S.D. Cal. Sep. 23, 2005)

Opinion

Case No. 05CV1458-JM-(WMC).

September 23, 2005

STIPULATION OF DISMISSAL WITH PREJUDICE and FOR AN INJUNCTION; AND ORDER AND INJUNCTION THEREON

JEFFREY MILLER, District Judge

Plaintiff, BEHNKE ENTERPRISES, INC ("BEHNKE") and defendant HOBARAMA LLC ("HOBORAMA"), hereby stipulate as follows:

1. On or about June 20, 2005 BEHNKE filed an action in the Superior Court of the State of California, San Diego County, Central District under Case No. GIC 849346 (the "State Court Action").

2. The Complaint generally alleges, among other thins, that HOBARAMA granted BEHNKE an implied distribution agreement and engaged in acts of unfair competition by terminating his ability to buy BAWLS soda and terminating his relationship, if any with HOBARAMA and then usurping the customers and market developed by BEHNKE in Southern California.

3. On or about July 21, 2005, HOBARAMA filed its answer to the Complaint and removed the State Court Action to the United States District Court for the Southern District of California under case No. 05 CV 1458 JM (WMC) (the "Federal Court Action").

4. During the course of investigation in relation to the Complaint and prior to the filing of the Complaint, HOBARAMA learned that BEHNKE has been using the www.gotbawls.com URL. (the "URL").

5. The Parties to the Federal Court Action herby agree and stipulate that BEHNKE shall dismiss the Federal Court Action, with prejudice.

6. The Parties further stipulate and BEHNKE agrees to be bound by a stipulated injunction prohibiting SCOTT BEHNKE, BEHNKE ENTERPRISES, or any agent or affiliate from using the URL for any and all purposes including the sale of BAWLS soda.

7. The Parties further agree and stipulate that each side shall bear their own costs and attorneys' fees.

IT IS SO STIPULATED:

ORDER OF DISMISSAL, WITH PREJUDICE AND INJUNCTION

Upon the Stipulation of the Parties and Good Cause Appearing Therefore: It is herby Ordered Adjudged and Decreed that:

1. The entire action shall be and herby is dismissed with prejudice:

2. Plaintiff BEHNKE ENTERPRISES and Scott Behnke and their agents, affiliates and other related entities are hereby enjoined and prohibited from use of the www.gotbawls.com URL.

3. Each party shall bear their own costs and attorneys' fees.