Case 1:18-cv-00095-LAK Document 60 Filed 09/20/18 Page 1 of 2

Case 1:18-cv-00095-LAK Document 58-1 Filed 09/20/18 Page 4 of 5

., MEMO ENDORSED . - - ·-======::::;,

" i: :,:.T.,". s· D"'"'I
EXHIBIT 1 ~I 'U.:lll.Hl i~

!loocuMENT
UNITED STATES DISTRICT COURT I ELECTRONICALLY
FOR THE SOUTHERN DISTRICT OF NEW YORK
I DOC #:_ _ _ +J,.--,,--A-JY--~¥1i
' DATE FlLED:
L
KEURIG GREEN MOUNTAIN, INC.,
a Delaware corporation,
CONSENT
INJUNCTION
Plaintiff,

v.

GLOBAL BARISTAS U.S., LLC,

a Washington limited liability corporation, and No. l 8-cv-0095
GLOBAL BARISTAS, LLC,
a Washington limited liability corporation,

Defendants.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

I. Plaintiff Keurig Green Mountain, Inc. ("Keurig") and Defendants Global Baristas

U.S., LLC and Global Baristas, LLC (collectively "Global Baristas") have jointly submitted a

Stipulation for Consent Injunction for approval by the Court.

2. On the basis of the materials submitted to the Court, the Court enters the

following permanent consent injunction to take effect immediately.

3. Global Baristas, as well as its respective affiliates, successors, assigns, officers,

directors, agents, employees, or any other persons who are in active concert or participation with

anyone described above, are permanently enjoined, as of the date of this Order, from using the

TULLY'S trademarks and the business names Tully's, Tully's Roaster of Fine Coffee, and

Bellaccino (collectively the "Licensed Marks") or any marks confusingly similar thereto

anywhere and in any manner in connection with coffee or any other similar goods or services,

-4-
 Case 1:18-cv-00095-LAK Document 60 Filed 09/20/18 Page 2 of 2
Case 1:18-cv-00095-LAK Document 58-1 Filed 09/20/18 Page 5 of 5

including without limitation the offer or sale of any other beverage or food product or operation

of any kind of business that manufactures, offers for sale, or sells any kind of beverage or food

product, and from assisting others in using the Licensed Marks.

4. Any violation of this Consent Injunction may be punishable by civil contempt or

other appropriate proceedings, and the Court retains jurisdiction over this matter and over the

parties with the power to adjudicate any such alleged violation.

5. No appeal shall be taken by any party from this Consent Injunction, the right to

appeal having been expressly waived by all parties.

6. This Consent Injunction may only be modified by the written agreement of the

~~
parties, subject to Court app:7~

Dated: Septembt1J122018

(e!:Ki:·W?(r

-5-