Opinion
1:24-cv-05199
08-22-2024
VETNIQUE LABS LLC, an Illinois limited liability company, Plaintiff, v. DANIEL RAMIREZ, a natural person, and JOHN DOES 1-10, individually or as corporations/business entities, Defendants.
Daniel C.F. Wucherer Vorys, C F. Wucherer Matthew Jason Singer MATT SINGER LAW, LLC Attorneys for Plaintiff Vetnique Labs LLC Daniel Ramirez Defendant
Daniel C.F. Wucherer Vorys, C F. Wucherer Matthew Jason Singer MATT SINGER LAW, LLC Attorneys for Plaintiff Vetnique Labs LLC
Daniel Ramirez Defendant
[PROPOSED] STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION
Steven C. Seeger United States District Judge
Plaintiff Vetnique Labs LLC (“Plaintiff”) and defendant Daniel Ramirez (“Defendant”) (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 Defendant.
2. Venue is proper is this Court.
3. The injunctive relief provisions of this Judgment shall apply to Defendant as well as Defendant's agents, owners, servants, employees, and those persons or entities in active concert or participation with Defendant.
4. The Parties agree that Plaintiff has acquired rights to various trademarks that are valid and subsisting, including but not limited to: VETNIQUE LABS (U.S. Trademark Reg. No. 5,002,867); GLANDEX (U.S. Reg. No. 4,203,651); PROFIVEX (U.S. Reg. No. 5,308,384); FURBLISS® (U.S. Reg. Nos. 5,852,132 and 5,747,385); DERMABLISS (U.S. Reg. No. 6,330,297); and BOOT THE SCOOT! (U.S. Reg. No. 4,553,243) (collectively, the “Vetnique Trademarks”).
5. Defendant, including anyone acting on Defendant's behalf or at Defendant's direction, is 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 Vetnique Trademarks, including through any storefront on www.amazon.com (“Amazon”) and including but not limited to the Amazon storefront that has been known as “VeDa Express LLC” and has a Merchant ID number of A2IU1K21JNQCVG;
(b) using the Vetnique Trademarks in any manner, including advertising on the Internet;
(c) purchasing or acquiring any products bearing any of Vetnique 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 Vetnique Trademarks.
6. 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: Defendant, Defendant's officers, agents, servants, employees, and attorneys, and other persons who are in active concert or participation with Defendant.
7. 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 Defendant.
8. Plaintiff's claims against Defendant are dismissed with prejudice.
9. Plaintiff and Defendant shall bear their own costs, expenses, and attorneys' fees.
IT IS SO ORDERED.
SIGNED and ENTERED.