Contract analysis

1. Dismissal of Plaintiff's Claims. The Parties hereby stipulate and agree that all claims asserted by Plaintiff Meridian Consumer Brands LLC against Defendant Brindoval Home Goods Inc. in the Complaint filed on November 7, 2022 (ECF No. 1) — including Count I (Trademark Infringement under 15 U.S.C. § 1114(1)), Count II (False Designation of Origin under 15 U.S.C. § 1125(a)), and Count III (Trademark Dilution under N

2. Dismissal of Defendant's Counterclaim. The Parties hereby stipulate and agree that Defendant Brindoval Home Goods Inc.'s Counterclaim for declaratory judgment of non-infringement, filed on December 5, 2022 (ECF No. 14), is hereby dismissed with prejudice as to all Parties. This dismissal shall operate as an adjudication on the merits of such Counterclaim in accordance with Federal Rule of Civil Procedure 41(b).

3. Dissolution of Preliminary Injunction. The Parties hereby stipulate and agree that the Preliminary Injunction Order entered by the Court on January 9, 2023 (ECF No. 31) shall be dissolved upon the entry by the Court of the Order of Dismissal contemplated herein. The dissolution of the Preliminary Injunction Order shall be without prejudice to the Parties' respective rights and obligations under the Coexistence Agr

4. Costs and Attorneys' Fees. Each Party shall bear its own costs, expenses, and attorneys' fees incurred in connection with this action, including but not limited to costs of filing, service, discovery, motion practice, and mediation, except as may otherwise be expressly provided in the Coexistence Agreement dated May 15, 2023. No Party shall be deemed the "prevailing party" for purposes of any fee-shifting statute

5. Retention of Jurisdiction. The Parties respectfully request that the Court retain jurisdiction over this action solely for the limited purpose of enforcing the terms and conditions of the Coexistence Agreement dated May 15, 2023, to the extent that either Party brings a motion or application seeking such enforcement. Nothing in this Stipulation shall be construed to limit either Party's right to seek enforcement o

6. Authority. Each signatory to this Stipulation hereby represents and warrants that he or she is fully authorized to execute this Stipulation on behalf of the respective Party, and that such Party has taken all corporate, organizational, or other action necessary to authorize the execution and delivery of this Stipulation and to consummate the transactions contemplated hereby. REQUEST FOR ENTRY OF ORDER Based on the