|Settlement agreements are not confidential unless they specifically state that they are. The dollar amount in Paragraph was was omitted by us as part of a verbal agreement with Fleurville's lawyer.|
Settlement & Release AgreementThis agreement settles the dispute concerning the eBay auction listing numbers 2380804359, 2380805024, and 2380805554 ("Auctions") and the declaratory relief action we have filed in the United States District Court for the District of Colorado which has been assigned Case No. 04-D- 0348 (PAC), styled as KAREN DUDNIKOV, a/k/a TABBERONE, MICHAEL MEADORS Pro Se Plaintiffs vs. FLEURVILLE, INCORPORATED, a California Corporation, Defendant.
1. This letter sets out the terms of the settlement of the dispute between (i) Fleurville, Inc. and each of its employees, officers and directors ( collectively “Fleurville”) and (ii) Karen Dudnikov and Michael Meadors (collectively “Plaintiffs”).
2. Fleurville will instruct eBay to remove any negative record for Plaintiffs as a result of the suspended Auctions. The form of this request is to also indicate to eBay that the auctions were suspended in error. Plaintiffs are to be copied in on this email.
3. Fleurville accepts that Tabberone sells various items including products bearing Fleurville’s name and will use photographs, but not photographs in which Fleurville holds a copyright interest, including close-up shots of the items, as reasonably necessary to show the item for sale in a particular auction, or on the web site, and to describe the item as being a Fleurville product.
Fleurville accepts that such use does not constitute trademark infringement as long as the product is accurately described and Plaintiffs make no attempt to create the impression that they are licensed dealers for Fleurville.
4. Fleurville will reinstate Plaintiff's previously terminated eBay auctions that were selling Fleurville products and that were not infringing (see Paragraph 3).
5. Fleurville will pay Plaintiffs $xxx.xx.
6. Upon receipt of a signed acceptance of this agreement, and a check in the amount set forth in
paragraph 5, the Plaintiffs will promptly:
7. This agreement is not assignable or transferable.
8. Plaintiffs represent and warrent that they are the sole owners of the actual or alleged claims, demands, rights, causes of action and other matters alleged in the Complaint; that the same have not been assigned, transferred or disposed of by fact, by operation of law, or in any manner whatsoever, and that they have the full right and power to grant, execute, and deliver the releases, undertakings and agreements contained herein.
9. In accordance with the spirit of this agreement to resolve amicably the disputes between the Parties, neither Party will take action against the other or the other's interests, either directly or indirectly, without first notifying the other party of an apparent problem, and the Parties will try to resolve the matter amicably between themselves prior to resorting to other remedies or avenues of resolution. Should a conflict arise that results in a complaint being filed in federal court, both parties agree that jurisdiction shall be in any US District Court with appropriate personal and subject matter jurisdiction in the matter.
Agreed and Accepted:
Signed by Catherine Granville, CEO
Signed by Karen Dudnikov
Signed my Michael Meadors