Biotab Nutraceuticals, Inc. v. Hee Joo Dong Han et al

Filing 110

JUDGMENT AGAINST DEFENDANTKANG by Judge A. Howard Matz, in favor of Biotab Nutraceuticals, Inc. against Yoon Kang re: Stipulation for Judgment 108 . Compensatory damages in the sum of Three Hundred Thousand Dollars ($300,000.00), which damages are trebled to total Nine Hundred Thousand Dollars ($900,000.00). 4. Exemplary and punitive damages for the willful and malicious injury to Plaintiff by Defendant Kang in the amount of Fifty Thousand Dollars ($50,000.00). 5. Reasonable attorney's fees, in the apportioned amount of $20,000.00. 6. Biotab shall recover its costs of suit herein. (kbr)

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Jay Stein (State Bar No. 141042)
FINESTONE & RICHTER
A Professional Corporation
1875 Century Park East, Suite 1500
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
Attorneys for Plaintiff
Biotab Nutraceuticals, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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BIOTAB NUTRACEUTICALS, INC., a
California corporation,

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Plaintiff,
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vs.
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HEE JOO DONG HAN, an Individual, aka )
JOSEPH HAN, and d.b.a. HD TRADING, )
and d.b.a. BIOPOWER; SUSANA HAN, an )
Individual; KENJIN CHO, an Individual, )
and d.b.a. BIOPOWER, and d.b.a. MOSEA )
HUTECH USA; BIOPOWER, INC., an
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entity of unknown form; and DOES 1
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through 10, inclusive,
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Defendants.
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Case No. CV 10-06212 AHM (VBKx)
JUDGMENT AGAINST DEFENDANT
KANG

Complaint filed:
Trial Date:

August 19, 2010
October 16, 2012

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Judgment is hereby entered in favor of Plaintiff BIOTAB NUTRACEUTICALS,

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INC. as against Defendant YOON KANG, also known as DAVID KANG, also known as

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ANDY KANG, as follows:

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1.

A permanent injunction is hereby entered, prohibiting each of the Defendant,

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and his members, directors, officers, employees, agents, representatives, successors,

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assigns, and all other persons or entities acting for the benefit of, on behalf of, or in concert

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with, Defendant from:
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JUDGMENT AGAINST DEFENDANT KANG

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1.1

colorable imitation thereof;

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In any manner, using Biotab’s trademark, “ExtenZe®,” or any

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In any manner, using any trademark that imitates, is confusingly

similar to, or is in any way similar to or a variation of, Biotab’s trademark, “ExtenZe®;”

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1.3

Engaging in any act that tends to lend the impression to consumers

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that Defendants’ goods and services are, in any way, of the same origin as, related to, or a

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variation of, Biotab’s goods and services associated with the trademark, “ExtenZe®;”

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1.4

Importing into the United States any goods purporting to be Biotab’s

goods or goods associated with, or intended prospectively to be associated with, Biotab or

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Biotab’s ExtenZe® trademark;

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1.5

Manufacturing or causing to be manufactured, advertising, marketing,

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offering for sale, selling, distributing or delivering any goods purporting to be Biotab’s

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goods or goods associated with, or intended prospectively to be associated with, Biotab or

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Biotab’s ExtenZe® trademark;

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2.

Defendant is ordered, pursuant to 15 USC § 1118, to deliver up for

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destruction all advertising, promotional materials, signs, packaging, labels, containers, or

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other materials within their possession, custody or control bearing any trademark that

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infringes upon Biotab’s ExtenZe® trademark, as well as all plates, matrices, tools, dyes,

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electronic files, and any other means of making same.

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3.

Compensatory damages in the sum of Three Hundred Thousand Dollars

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($300,000.00), which damages are trebled to total Nine Hundred Thousand Dollars

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($900,000.00).

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4.

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Exemplary and punitive damages for the willful and malicious injury to

Plaintiff by Defendant Kang in the amount of Fifty Thousand Dollars ($50,000.00).

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JUDGMENT AGAINST DEFENDANT KANG

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5.

Reasonable attorney’s fees, in the apportioned amount of $20,000.00.

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6.

Biotab shall recover its costs of suit herein.

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DATED: September 21, 2012
A. Howard Matz
United States District Judge

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JUDGMENT AGAINST DEFENDANT KANG