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Contract analysis / proposed-order-dismissal.docx

proposed-order-dismissal.docx

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1. Dismissal of Plaintiff's Claims with Prejudice. All claims asserted by Plaintiff Merid

1. Dismissal of Plaintiff's Claims with Prejudice. 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 for trademark infringement under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1); Count II for false designation of origin under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); a

2. Dismissal of Defendant's Counterclaims with Prejudice. All counterclaims asserted by D

2. Dismissal of Defendant's Counterclaims with Prejudice. All counterclaims asserted by Defendant Brindoval Home Goods Inc. against Plaintiff Meridian Consumer Brands LLC in the Answer and Counterclaim filed on December 5, 2022 (ECF No. 12), including Defendant's counterclaim for declaratory judgment of non-infringement and non-dilution, are hereby DISMISSED WITH PREJUDICE.

3. Dissolution of Preliminary Injunction. The Preliminary Injunction Order entered by thi

3. Dissolution of Preliminary Injunction. The Preliminary Injunction Order entered by this Court on January 9, 2023 (ECF No. 34), which required Defendant Brindoval Home Goods Inc. to modify its packaging trade dress by removing the wave device and changing the teal-and-white color scheme within forty-five (45) days of the date of that Order, is hereby DISSOLVED, the parties having fully resolved the matters addresse

4. Costs and Fees. Each party shall bear its own attorneys' fees, costs, and expenses inc Standard

⚑ Commercial term

4. Costs and Fees. Each party shall bear its own attorneys' fees, costs, and expenses incurred in connection with this action, except as may otherwise be provided in the parties' Trademark Coexistence Agreement dated May 15, 2023, the terms of which shall govern any allocation of fees and costs as between the parties.

5. Retention of Jurisdiction. Notwithstanding the dismissal of all claims and counterclai

5. Retention of Jurisdiction. Notwithstanding the dismissal of all claims and counterclaims and the closure of this case, the Court retains jurisdiction over this action solely for the limited purpose of enforcing the terms of the parties' settlement, including the Trademark Coexistence Agreement dated May 15, 2023. Any application to enforce the settlement shall be made by motion in this action.

6. Closure of Case. The Clerk of Court is respectfully directed to close this case and to

6. Closure of Case. The Clerk of Court is respectfully directed to close this case and to remove it from the Court's active docket. All pending motions, if any, are denied as moot. SO ORDERED. Dated: May 30, 2023 New York, New York ________________________________________ HON. PATRICIA M. ALBRIGHT United States District Judge Southern District of New York MERIDIAN CONSUMER BRANDS LLC, Plaintiff,<!--