Free Permanent Injunction - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Pursuant to stipulation and agreement of Plaintiff Lorillard Tobacco Company ("Lorillard"), and Defendant Samir Esmail Jado ("Defendant"), and in accordance with Rule 65 of the Federal Rules of Civil Procedure, as follows: IT IS HEREBY ORDERED, with regard to Lorillard's registered trademarks LORILLARD® (Reg. No. 1,920,066), NEWPORT® (Reg. No. 1,108,876), NEWPORT® v. Brent D. Plew, d/b/a Tobacco Center & Mini Mart (located at 2005 W. Bethany Home Rd., Phoenix, AZ); Sargon Shlita d/b/a Camelback Liquors (located at 2002 W. Camelback Rd., Phoenix, AZ); Kala Singh d/b/a 7-Eleven, #19668 (located at 2843 N. 24th St., Phoenix, AZ); Antoin Yelda and/or Yelda Enterprises d/b/a Alamo Liquors & Foods (located at 2001 E. Van Buren, Phoenix, AZ); Samir Esmail Jado d/b/a Cigarettes R Us (located at 1422 N. 32nd St., Phoenix, AZ); and Amer Alshemari and Hassan Aziz Al-Akrawy d/b/a Alaya's Dollar Store and/or Hanen Dollar Store (located at 4750 E. Broadway, Phoenix, AZ), Defendants. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Lorillard Tobacco Company, a Delaware corporation, Plaintiff, NO. CIV 03-00251 PHX RCB ORDER FOR ENTRY OF PERMANENT INJUNCTION AND DISMISSAL OF DEFENDANT SAMIR ESMAIL JADO ONLY

Case 2:03-cv-00251-RCB

Document 142

Filed 09/14/2005

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(stylized) (Reg. No. 2,600,870), Spinnaker Design® (Reg. No. 1,178,413), and NEWPORT and Design® (Reg. No. 1,191,816), registered on the Principal Register in the United States Patent and Trademark Office (collectively, the "Lorillard Marks"), that commencing immediately from the date of entry of this Order of Permanent Injunction, Defendant and any of his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with Defendant who receive actual notice of this Order by personal service or otherwise, including but not limited to Jorg Yousif, are hereby permanently enjoined and restrained from directly or indirectly: (1) using any reproduction, counterfeit, copy, or colorable imitation of the Lorillard Marks in connection with the importation, sale, offering for sale, or distribution of cigarettes in the United States; (2) using the Lorillard Marks or any reproduction, counterfeit, copy, or colorable imitation of the same in any manner likely to cause others to believe that Defendant's products are connected with Lorillard or are genuine Lorillard products, if they are not; (3) passing off, inducing, or enabling others to sell or pass off any merchandise which is not genuine Lorillard merchandise as and for genuine Lorillard merchandise; (4) making any false or misleading statements regarding Lorillard or its respective goods, or the relationship between Lorillard and Defendant; (5) committing any other acts calculated to cause purchasers to believe that Defendant's products are Lorillard's products, if they are not; (6) importing, shipping, delivering, distributing, holding for sale, returning,

transferring, or otherwise moving or disposing of in any manner such cigarettes falsely bearing one or more of the Lorillard Marks or any reproduction, counterfeit, copy, or colorable imitation of the same; (7) other than pursuant to agreement of Lorillard, moving, destroying, or otherwise disposing of any goods, boxes, labels, packaging or other items or documents bearing any
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Case 2:03-cv-00251-RCB

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reproduction, counterfeit, or imitation of the Lorillard Marks, or removing, destroying, or otherwise disposing of any business records or documents relating in any way to the manufacture, importation, acquisition, purchase, distribution, or sale of goods or merchandise bearing any reproduction, counterfeit, or imitation of the Lorillard Marks; and (8) assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in the above paragraphs (1) through (7). IT IS FURTHER ORDERED that Defendant acknowledges receipt of this Order of Permanent Injunction and waives further service thereof. IT IS FURTHER ORDERED that this action is hereby dismissed with prejudice as against Defendant Samir Esmail Jado, provided, however, that the United States District Court for the District of Arizona shall maintain jurisdiction over the parties to enforce this Permanent Injunction and to enforce the terms of the settlement agreement between the parties. DATED this 8th day of September, 2005.

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Case 2:03-cv-00251-RCB

Document 142

Filed 09/14/2005

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