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Intellectual Property
Trademark Infringement
Unfair Business Practices

Starbuzz Tobacco Inc. v. Fuad Naji Saeed dba Starbuzz Smokeshop

Published: Jan. 17, 2015 | Result Date: Aug. 21, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 3:13-cv-03837-SI Settlement –  Permanent Injunction

Court

USDC Northern


Attorneys

Plaintiff

Jason Chuan

Martin E. Jerisat
(Jerisat Firm)

Carla A. Federis

Natu J. Patel
(Patel Law Firm PC)


Defendant

Curtis R. Tingley

Kevin W. Isaacson


Facts

Starbuzz Tobacco Inc. filed a trademark infringement lawsuit against Fuad Saeed.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged it owned certain trademarks associated with its sale and distribution of tobacco products. Plaintiff alleged that defendant's business name, "Starbuzz Smokeshop," infringed on plaintiff's trademarks and defendant used such infringing name in connection with defendant's store and products, in direct competition with plaintiff.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations of plaintiff's claims and asserted various affirmative defenses.

Result

The parties settled the case and stipulated to a permanent injunction. Defendant was permanently enjoined from various activities, including selling any products that bore certain of plaintiff's trademarks or names or logos that were confusingly similar to such trademarks. Defendant was also enjoined from manufacturing or selling any tobacco product that used the name "Starbuzz" or any confusingly similar name. Defendant was further enjoined from falsely representing that he was associated with plaintiff.

Other Information

FILING DATE: Aug. 19, 2013.


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