UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

ORDER OF DISMISSAL WITH PREJUDICE

The Court has before it the Joint Stipulation of Dismissal with Prejudice filed on May 22, 2023, by the parties through their respective counsel of record: Plaintiff Meridian Consumer Brands LLC ("MCB"), by and through its attorneys Calderwood & Harkness LLP (Alan Ngo, Esq., 1251 Avenue of the Americas, 40th Floor, New York, New York 10020), and Defendant Brindoval Home Goods Inc. ("Brindoval"), by and through its attorneys Halverson McKay & Pruitt LLP (Gregory T. Halverson, Esq., 225 South Sixth Street, Suite 4200, Minneapolis, Minnesota 55402).

The parties have advised the Court that they have reached a comprehensive settlement of all matters in controversy in this action, including all claims and counterclaims asserted in the pleadings, and have executed a Trademark Coexistence Agreement dated May 15, 2023, which sets forth the terms and conditions of their resolution of this dispute.

The Court has reviewed the Joint Stipulation, has considered the representations of counsel, and finds good cause for entry of this Order. Accordingly, it is hereby

ORDERED as follows:

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); and Count III for trademark dilution under New York General Business Law § 360-l, are hereby DISMISSED WITH PREJUDICE.

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 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 addressed therein through the terms of their settlement agreement, including the Trademark Coexistence Agreement dated May 15, 2023.

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 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 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,

BRINDOVAL HOME GOODS INC.,

Defendant.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
ORDER OF DISMISSAL WITH PREJUDICE
The Court has before it the Joint Stipulation of Dismissal with Prejudice filed on May 22, 2023, by the parties through their respective counsel of record: Plaintiff Meridian Consumer Brands LLC ("MCB"), by and through its attorneys Calderwood & Harkness LLP (Alan Ngo, Esq., 1251 Avenue of the Americas, 40th Floor, New York, New York 10020), and Defendant Brindoval Home Goods Inc. ("Brindoval"), by and through its attorneys Halverson McKay & Pruitt LLP (Gregory T. Halverson, Esq., 225 South Sixth Street, Suite 4200, Minneapolis, Minnesota 55402).
The parties have advised the Court that they have reached a comprehensive settlement of all matters in controversy in this action, including all claims and counterclaims asserted in the pleadings, and have executed a Trademark Coexistence Agreement dated May 15, 2023, which sets forth the terms and conditions of their resolution of this dispute.
The Court has reviewed the Joint Stipulation, has considered the representations of counsel, and finds good cause for entry of this Order. Accordingly, it is hereby
ORDERED as follows:
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); and Count III for trademark dilution under New York General Business Law § 360-l, are hereby DISMISSED WITH PREJUDICE.
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 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 addressed therein through the terms of their settlement agreement, including the Trademark Coexistence Agreement dated May 15, 2023.
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 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 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, | Case No. 1:22-cv-09483 (PAA)
v.
BRINDOVAL HOME GOODS INC.,
Defendant.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

ORDER OF DISMISSAL WITH PREJUDICE

SO ORDERED.

MERIDIAN CONSUMER BRANDS LLC,

BRINDOVAL HOME GOODS INC.,

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