Opinion
1:23-cv-05132
09-11-2023
PET-AG, INC., a Delaware corporation,, Plaintiff, v. MARNY COMPANY LLC, a Texas limited liability company, HERMANN NJIKE, a natural person, BRITTNEY NJIKE, a natural person, and JOHN DOES 1-10, individually or as corporations/business entities, Defendants.
Daniel C.F. Wucherer Vorys, Sater, Seymour and Pease LLP Matthew Jason Singer Matt Singer Law, LLC Attorneys for Plaintiff Pet-Ag, Inc. Leslie R. Gillis Rosenbaum & Segall, P.C. Attorneys for Defendants Marny Company LLC, Hermann Njike, and Brittney Njike.
Daniel C.F. Wucherer Vorys, Sater, Seymour and Pease LLP Matthew Jason Singer Matt Singer Law, LLC Attorneys for Plaintiff Pet-Ag, Inc.
Leslie R. Gillis Rosenbaum & Segall, P.C. Attorneys for Defendants Marny Company LLC, Hermann Njike, and Brittney Njike.
[PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION
Matthew F. Kennelly United States District Judge.
Plaintiff Pet-Ag, Inc. (“Plaintiff”) and defendants Marny Company LLC, Hermann Njike, and Brittney Njike (“Defendants”) (collectively, “the Parties”) have stipulated and agreed to entry of this Final Judgment and Permanent Injunction pursuant to the Conditional Settlement and Release Agreement (“Settlement Agreement”) entered into by the Parties. The Parties have approved the substance and form of this Stipulated Final Judgment and Permanent Injunction. Based on the pleadings, the Parties' Settlement Agreement, and the factual, legal and/or other findings below and for other good cause, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
1. This Court has jurisdiction of the subject matter of this action and personal jurisdiction over Defendants.
2. Venue is proper is this Court.
3. The injunctive relief provisions of this Judgment shall apply to Defendants as well as their agents, owners, servants, employees, and those persons or entities in active concert or participation with Defendants after section 7 of the Parties' Settlement Agreement has been fulfilled.
4. Plaintiff has acquired rights to various trademarks that are valid and subsisting, including but not limited to PET-AG® (U.S. Trademark Registration No. 1,551,573), PETAG® (Registration No. 1,831,054), ESBLIAC® (U.S. Trademark Registration No. 439,707), KMR® (U.S. Trademark Registration No. 961,028), and PETLAC® (U.S. Trademark Registration No. 2,608,762) as well as other federally-registered trademarks (collectively, the “Pet-Ag Trademarks”).
5. Defendants, including anyone acting on Defendants' behalf or at Defendants' direction, are hereby permanently restrained and enjoined from:
(a) advertising, selling, or facilitating the advertisement or sale, through any medium (including all Internet and non-Internet channels), of any goods or products bearing any of the Pet-Ag Trademarks, including through any storefront on www.amazon.com (“Amazon”) and including but not limited to the Amazon storefront that has been known as “Marny Store” and has a Merchant ID number of A28FWYHKQPFAMT;
(b) using the Pet-Ag Trademarks in any manner, including advertising on the Internet;
(c) purchasing or acquiring any products bearing any of the Pet-Ag Trademarks for the purpose of resale; and
(d) importing, exporting, manufacturing, producing, distributing, circulating, shipping, selling, offering to sell, advertising, promoting, or displaying any goods or products bearing any of the Pet-Ag Trademarks.
6. Defendants Hermann Njike and Brittney Njike shall:
(a) Take all reasonable steps sufficient to monitor and ensure that all persons within their control or employment (whether independent contractors, employees, agents, partners, or otherwise) comply with this Order, including but not limited to by providing a copy of this Order to any person within their control or employment and requiring that such persons adhere to its terms;
(b) Take all reasonable steps sufficient to monitor and ensure that all persons authorized to act on their behalf, including all officers and principals, comply with this Order; and
(c) Take all reasonable corrective action with respect to any individual whom Hermann Njike and Brittney Njike determine is not in compliance with the terms of this Order, which may include training, disciplining, and/or terminating such individual, and notifying Plaintiff in writing of the underlying conduct.
7. Pursuant to Rule 65(d)(2) of the Federal Rules of Civil Procedure, this Order is binding upon the following persons who receive actual notice of it: Defendants, Defendants' officers, agents, servants, employees, and attorneys, and other persons who are in active concert or participation with Defendants.
8. This Court shall retain jurisdiction of this matter in law and in equity for the purpose of enforcing and/or adjudicating claims in violation of this Final Judgment and Permanent Injunction. Any such matters shall be raised by noticed motion. The Court shall also retain jurisdiction to award Plaintiff amounts for costs, attorneys' fees, and such other relief as may be just and proper arising by reason of any future claim of violation of this Stipulated Permanent Injunction by Defendants.
9. Plaintiff's claims against John Does 1-10 are dismissed without prejudice.
10. Plaintiff's claims against Defendants are dismissed with prejudice.
11. Plaintiff and Defendants shall bear their own costs, expenses, and attorneys' fees.
IT IS SO ORDERED.