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Ascentium Capital LLC v. Ascentium Healthcare Resources, Inc.

United States District Court, S.D. Mississippi, Northern Division

December 9, 2019

ASCENTIUM CAPITAL LLC, Plaintiff,
v.
ASCENTIUM HEALTHCARE RESOURCES I, INC., Defendant.

          Jason E. Fortenberry (MSB #102282) Michael C. Williams (MSB#104537) BRADLEY ARANT BOULT CUMMINGS, LLP Capital LLC

          R. Andrew Taggart (MSB #7422) Taggart, Rimes & Graham, PLLC Attorneys for Defendant

          CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION ORDER

          DANIEL P. JORDAN III CHIEF UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on the Parties' Joint Motion for Injunction by Consent and Final Judgment. The Parties have reached a settlement of all matters in dispute in this action without trial, and, as part of such settlement, the Parties, through their counsel of record, consent and agree to the entry of this Consent Final Judgment and Permanent Injunction (“Consent Judgment”), which shall constitute a final judgment in this action.

         THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:

         1. The Court has jurisdiction over the subject matter of the case and defendant Ascentium Healthcare Resources I, Inc. (“Defendant”), pursuant to 15 U.S.C. § 1121 (actions arising under the Lanham Act); 28 U.S.C. § 1331 (actions under the laws of the United States of America); 28 U.S.C. § 1332(a) (diversity of citizenship between the parties) and 28 U.S.C. § 1338(a), because this case involves a federal question arising under the trademark laws of the United States, including the Lanham Act, 15 U.S.C. §§ 1051, et seq., and its inherent equitable authority.

         2. Venue as to this action and the Defendant in the Southern District of Mississippi (Northern Division) is proper under 28 U.S.C. § 1391(b) and 28 U.S.C. § 1367(a).

         3. Ascentium's asserted trademarks are collectively referred to in this Consent Judgment as the “ASCENTIUM INTELLECTUAL PROPERTY” (referring to ASCENTIUM® (U.S. Trademark Reg. No. 4, 396, 734), ASCENTIUM CAPITAL® (U.S. Trademark Reg. No. 4, 243, 005), and ASCENTIUM CAPITAL and design (U.S. Trademark Reg. No. 4, 243, 006)).

         4. This Consent Judgment is entered into by the Parties for the purpose of settlement and is without explicit admission by Defendant as to any wrongdoing or liability. Defendant confirms Ascentium is the owner of record of the ASCENTIUM INTELLECTUAL PROPERTY and is using the same.

         5. This Consent Judgment is binding upon Ascentium and Defendant and their successors and assigns. Unless by operation of law, no change or changes in the ownership or corporate status or other legal status of Defendant, including, but not limited to, any transfer of assets or of real or personal property, shall in any way alter Defendant's responsibilities under this Consent Judgment. Pursuant to Federal Rule of Civil Procedure 65(d), the provisions of this Consent Judgment are binding upon Defendant, and its officers, agents, servants, representatives, employees, attorneys, and all other persons or entities in active concert or participation with them, who receive actual notice of this Consent Judgment by personal service or otherwise.

         6. Defendant and its officers, agents, servants, employees, representatives, assigns, and attorneys; and other persons, firms, or companies in active concert or participation with anyone described in Federal Rule of Civil Procedure 65(d)(2)(A) or (B), whether acting directly or through any person or entity, are hereby ordered not to infringe the ASCENTIUM INTELLECTUAL PROPERTY or any variation or derivative of the name and mark “Ascentium, ” or any other name or mark confusingly similar to “Ascentium” and are permanently enjoined and restrained from directly or indirectly:

(a) distributing, providing, selling, marketing, advertising, promoting, or authorizing any third party to distribute, provide, sell, market, advertise, or promote any goods or services bearing the ASCENTIUM INTELLECTUAL PROPERTY marks or any other mark that is a counterfeit, copy, simulation, variation, derivative, confusingly similar variation, or colorable imitation of ASCENTIUM INTELLECTUAL PROPERTY;
(b) engaging in any activity that infringes Plaintiff's rights in its ASCENTIUM INTELLECTUAL PROPERTY;
(c) engaging in any activity constituting unfair competition with Plaintiff under 15 ...

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