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Univera, Inc. v. Resource Maxima LLC

January 31, 2006

UNIVERA, INC. ET AL., PLAINTIFFS,
v.
RESOURCE MAXIMA LLC, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Robert E. Blackburn United States District Judge

ORDER FOR PARTIAL CONSENT JUDGMENT AND DISMISSAL

This action was commenced on November 29, 2005 by Plaintiffs Univera, Inc. d/b/a Oasis Lifesciences and Unigen Pharmaceuticals, Inc. (collectively "Oasis" or "Plaintiffs"), against Defendants Resource Maxima LLC, Gary L. Coe, Sandra J. Coe, (collectively, "Resource Maxima" and "Defendants") and SOE Trading & Management ("SOE"). Oasis and Resource Maxima have agreed to settle the claims pertaining to Resource Maxima's use of the trademark AGELESS FOREVER and to terminate those claims by entry of a Order for Partial Consent Judgment and Dismissal which incorporates the terms, admissions and covenants that follow. SOE is not a party to this Order for Partial Consent Judgment and Dismissal, but does not oppose it.

THE PARTIES'TERMS OF SETTLEMENT

1. This is an action for acts of unfair competition under the laws of the United States, Title 15, United States Code; patent infringement under the law of the United States, Title 35, United States Code; violation of the Colorado Consumer Protection Act, Colo. Rev. Stat. §§ 6-1-101 et seq.; and for trademark infringement, unfair competition, misappropriation and exploitation of business value, and tortious interference with current and future business relations, all under the common law of the State of Colorado.

2. The Court has subject matter jurisdiction under 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338 and 1367. This Court has personal jurisdiction over the Defendants. Venue is proper in this judicial district.

3. Univera, Inc., formerly MaxCell BioScience, Inc., d/b/a Oasis LifeSciences is a corporation incorporated under the laws of the State of Delaware with its principal place of business at 2660 Willamette Drive NE, Lacey, Washington 98516. Univera, Inc. is a subsidiary of ECONET, Inc. Unigen Pharmaceuticals, Inc., formerly Univera Pharmaceuticals, Inc., is a corporation incorporated under the laws of the State of Delaware with its principal place of business at 1560 Broadway, Denver, Colorado 80202. Unigen Pharmaceuticals, Inc. is also a subsidiary of ECONET, Inc., and as such, is a sister company of Oasis.

4. Since at least as early as March 2003, Oasis has been engaged in the business of developing, manufacturing, and selling dietary supplements in interstate commerce in connection with its family of distinctive AGELESS trademarks, including AGELESS, AGELESSXTRA, and AGELESS PRIME (collectively, the "Oasis AGELESS Trademarks").

5. Oasis' products sold under the Oasis AGELESS Trademarks are marketed and distributed through its Web site and multi-level distribution network. Oasis provides a business plan, training, and support to its distributors.

6. Resource Maxima is in the business of selling dietary supplements in competition with Oasis throughout the United States. Resource Maxima has offered for sale and sold dietary supplements using the confusingly similar mark AGELESS FOREVER ("AGELESS FOREVER Mark").

7. Resource Maxima admits that the Oasis AGELESS Trademarks as set forth above are valid and enforceable. Resource Maxima further admits that it has used the AGELESS FOREVER Mark, which is confusingly similar to the Oasis AGELESS Trademarks, in connection with offering and selling dietary supplements.

8. The parties have agreed to the entry of this Order for Partial Consent Judgment and Dismissal which incorporates certain terms, admissions, and covenants of settlement resolving the dispute between the parties.

9. Each party has read this Order for Partial Consent Judgment and Dismissal and agrees to be fully bound by its terms.

THEREFORE, IT IS ORDERED AND ADJUDGED:

A. Resource Maxima, and any of their principals, agents, servants, employees, successors and assigns, and all those in privity, concert or participation with Resource Maxima who receive actual notice of this Order by personal service or otherwise, are hereby immediately and permanently enjoined and restrained from use of the AGELESS FOREVER Mark in connection with providing, advertising or promoting dietary supplements or dietary supplement-related goods and ...


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