Shawarma Stackz LLC v. Jwad

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SHAWARMA STACKZ LLC, Case No. 21-cv-01263-BAS-BGS

12 Plaintiff, ORDER: 13 v. 14 JAY JWAD, et al., (1) GRANTING JOINT MOTION FOR PERMANENT 15 Defendants. INJUNCTION (ECF No. 45); 16 AND

17 (2) ENTERING PERMANENT 18 INJUNCTION 19 20 21 On April 15, 2022 the parties submitted their Joint Motion to file First Amended 22 Complaint, indicating they have reached a settlement of this matter and noting that the 23 settlement “includes a Stipulated Permanent Injunction.” (ECF No. 42.) The parties also 24 indicated that “[u]pon entry of the Stipulated Permanent Injunction, [they] will request a 25 stay of this litigation to allow performance of the financial terms of settlement prior to 26 dismissal with prejudice.” (Id.) On April 20, 2022, this Court entered an Order granting 27 Plaintiff leave to file its First Amended Complaint and requiring the parties to file their 28 Stipulated Permanent Injunction with this Court. (ECF No. 43.) The Parties have since 1 || filed their First Amended Complaint (ECF No. 44) as well as their Joint Motion for 2 ||Permanent Injunction (ECF No. 45). In their motion, the parties confirm that they 3 || ““stipulate and agree to entry of the permanent injunction[.]” (ECF No. 45.) Upon review 4 ||of the Permanent Injunction, the Court GRANTS the Joint Motion. (/d.) See Dexter v. 5 || Kirschner, 984 F.2d 979, 984 (9th Cir. 1992) (noting that stipulations between parties are 6 || generally adopted by courts and should not be lightly set aside); Levi Strauss & Co. v. 7 || California Denim Res. Inc., No. C 00-0415 MMC, 2001 WL 348973, at *2 (N.D. Cal. Mar. 8 2001) (entering permanent injunction in connection with a settlement). Attached to 9 Order is the signed Permanent Injunction, originally filed within ECF No. 45. 10 The Court finds there is no just reason for delay in entering the Permanent Injunction, 11 pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court DIRECTS 12 ||immediate entry of the Permanent Injunction against Defendants. 13 IT IS SO ORDERED. 14 /) 15 || DATED: April 25, 2022 (Yin A (Lyphan 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28

1 PERMANENT INJUNCTION 2 Jay Jwad (“Jwad”), Hussam Jawad (“Hussam”), and Vision Global 3 Entertainment Corp. (“VGEC”) (together, “Defendants”) and their agents, servants, 4 employees, successors, licensees and assignees, and all persons, firm entities, 5 partners, or corporations in active concert or participation with Defendants, are 6 permanently enjoined from doing, threatening, or attempting to do or causing to be 7 done, either directly or indirectly, by any means, method, or device, any of the 8 following acts: 9 1. Directly or indirectly infringing, using, or displaying Plaintiff 10 Shawarma Stackz LLC’s (“SSL”) SHAWARMA STACKZ trademarks and brand 11 materials (the “Marks”) or any confusingly similar mark or trade name, including 12 but not limited to Defendants’ THE SHAWARMA STACKZ HOUSE names and/or 13 trademarks (“Defendants’ Marks”) in any manner or for any purpose, including but 14 not limited to, in advertising, promoting, producing, distributing, selling, offering 15 for sale, or giving away any services or products which infringe, use, or display the 16 Marks, or any confusingly similar marks or trade names, including specifically: 17 a) Using any term that is likely to be confused with the Marks; 18 b) Falsely representing, misleading, or deceiving consumers into 19 believing that services or products advertised, promoted, produced, distributed, sold, 20 or offered for sale by Defendants originate from SSL or its SHAWARMA STACKZ 21 restaurants, or are sponsored, approved, licensed by, or associated with SSL or its 22 SHAWARMA STACKZ restaurants, or that Defendants or their services or products 23 are in some way associated or affiliated with SSL or its restaurants, including but 24 not limited to, in advertising, promoting, producing, distributing, selling, offering 25 for sale, or giving away any services or products; 26 c) Passing off, inducing, or enabling others to sell or pass off any 27 product or service as and for products or services produced or provided by SSL; 28 1 d) Filing or maintaining any trade name, business license, d/b/a, or 2 || similar document using the Marks or any mark confusingly similar thereto; and 3 e) Registering, using, or trafficking in any domain name, third- 4 || party delivery platform account, point-of-sale account, social media account, and/or 5 | other electronic accounts, containing or consisting of the Marks or any mark 6 | confusingly similar thereto. 7 2. Operating the restaurant located at 241 NW 24th St., Miami, FL 33127 8 | (“Restaurant”), in a manner that uses SSL’s Marks and/or SSL’s proprietary brand 9 || materials, product recipes and recipe information, and operational protocols 10 || (‘Materials’). 11 3. Using the Materials for any other purpose of any kind, including but 12 | not limited to: (a) using the Materials in connection with any business venture; (b) 13 | transferring the Materials to any third party; and/or (c) publishing the Materials. 14 4. Possessing the Materials or any copy thereof. 15 5. Taking any action that would constitute a breach of Sections 15.6(B), 16 || (C), or (D) of SSL’s Franchise Agreement with Hussam, except to the extent SSL 17 || expressly waived such rights under the Franchise Agreement in the Parties’ 18 || contemporaneously executed Settlement Agreement in this action. 19 20 IT IS SO ORDERED. 21 22 | DATED:_ April 25, 2022 Cydia (Btdhan te 23 The Honorable Cynthia A. Bashant 24 25 26 27 28 STIPULATED PERMANENT INJUNCTION