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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Sream Incorporated, 

Plaintiff, 

v. 

D & S Business Investments LLC, et al., 

Defendants. 

No. CV-16-00030-PHX-ROS

FINAL JUDGMENT AND 

PERMANENT INJUNCTION 

The parties have stipulated to a final judgment and permanent injunction. The 

parties’ stipulation will be approved with the exception of the provision regarding 

retention of jurisdiction. That provision will be changed such that future enforcement 

actions, if necessary, must be brought in this court. 

Accordingly, 

IT IS ORDERED the Stipulation (Doc. 14) is APPROVED IN PART. 

IT IS FURTHER ORDERED the Court finds the parties have stipulated to the 

following facts: 

A. Plaintiff Sream, Inc. (“Sream” or “Plaintiff”) filed suit against Defendant 

D & S Business Investments LLC, d/b/a King's Smoke Shop, a/k/a King Smoke Shop 

(“Kings”), alleging that Kings violated Sream’s rights under 15 U.S.C. §§ 1114, 1116, 

1125(a), (c), and (d), and A.R.S. §44-1522 et seq. (“Action”); 

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B. The Parties entered into a settlement agreement as of May 2, 2016 

(“Settlement Agreement”), which requires entry of the stipulated judgment set forth 

herein; 

IT IS FURTHER ORDERED as follows: 

1. Judgment is entered in favor of Sream against Kings on all claims. 

2. For the purposes of binding preclusive effect on Kings as to future disputes 

between Kings and Sream, and only for such purposes, Kings admits the following: 

a. Mr. Martin Birzle is now, and has been at all times since the dates of 

issuance, the owner of United States Trademark Registration Nos. 

2,235,638; 2,307,176; and 3,675,839 (the “RooR Marks”) and of all rights 

thereto and thereunder. 

b. The RooR Marks are valid and enforceable. 

c. Since at least 2013, Plaintiff Sream has been the exclusive licensee of the 

RooR Marks in the United States. Mr. Birzle has granted all enforcement 

rights to Sream to sue for obtain injunctive and monetary relief for past and 

future infringement of the RooR Marks. 

d. Kings, by the actions described in the complaint, has infringed upon the 

RooR Marks. 

3. Kings, and those acting on Kings’ behalf (including its owners, 

shareholders, principals, officers, agents, servants, employees, independent contractors, 

and partners), are permanently enjoined from producing, manufacturing, distributing, 

selling, offer for sale, advertising, promoting, licensing, or marketing (a) any product 

bearing the RooR Marks or (b) any design, mark, or feature that is confusingly similar to 

the RooR Marks (collectively, the “Injunction”). 

4. Kings is bound by the Injunction regardless of whether Mr. Martin Birzle 

assigns or licenses its intellectual property rights to another for so long as such trademark 

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rights are subsisting, valid, and enforceable. The Injunction inures to the benefit of Mr. 

Martin Birzle’s successors, assignees, and licensees. 

5. This Court shall retain jurisdiction over all disputes between and among the 

Parties arising out of the Settlement Agreement and Injunction, the Stipulation which 

includes the Injunction, and this final judgment, including but not limited to interpretation 

and enforcement of the terms of the Settlement Agreement. 

6. The Parties waive any rights to appeal this stipulated judgment, including 

without limitation the Injunction. 

Dated this 4th day of May, 2016. 

Honorable Roslyn O. Silver

Senior United States District Judge

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