Opinion
1:22-cv-02047
12-08-2022
PET-AG, INC. Plaintiff, v. REEFTEC SYSTEMS, LLC, a Nevada limited liability company, BRIAN GYSEGEM, a natural person, and JOHN DOES 1-10, individually or as corporations/business entities, Defendants.
Daniel C.F. Wucherer Cory Jay Rosenbaum Vorys, Sater, Seymour and Pease LLP Rosenbaum, Famularo & Segall, P.C. Matt Singer Law, LLC Brian Gysegem
Daniel C.F. Wucherer
Cory Jay Rosenbaum
Vorys, Sater, Seymour and Pease LLP
Rosenbaum, Famularo & Segall, P.C.
Matt Singer Law, LLC
Brian Gysegem
[PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION
GARY FEINERMAN, JUDGE
Plaintiff Pet-Ag, Inc. (“Plaintiff”) and Defendants Reeftec Systems, LLC and Brian Gysegem (“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 paragraph 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 “R T S” and has a Merchant ID number of A2DNA6G6IGQS5N;
(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. Defendant Brian Gysegem (“Gysegem”) shall:
(a) Take all reasonable steps sufficient to monitor and ensure that all persons within his 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 his 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 his behalf, including all officers and principals, comply with this Order; and
(c) Take all reasonable corrective action with respect to any individual whom Gysegem determines 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.