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

Filing 97

JUDGMENT AGAINST DEFENDANTS LEE AND YI by Judge A. Howard Matz, in favor of Biotab Nutraceuticals, Inc. Compensatory damages in the sum of Three Hundred Thousand Dollars ($300,000.00), which damages are trebled to total Nine Hundred Thousand Dol lars ($900,000.00). Exemplary and punitive damages for the willful and malicious injury to Plaintiff by Defendants Lee and Yi in the amount of Fifty Thousand Dollars ($50,000.00). Reasonable attorney's fees, in the apportioned amount of $20,000.00. Biotab shall recover its costs of suit herein. (kbr)

1
2
3
4
5
6

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.

7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19

BIOTAB NUTRACEUTICALS, INC., a
California corporation,

)
)
)
Plaintiff,
)
)
vs.
)
)
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
)
entity of unknown form; and DOES 1
)
through 10, inclusive,
)
Defendants.
)
)
)

Case No. CV 10-06212 AHM (VBKx)

JUDGMENT AGAINST DEFENDANTS
LEE AND YI

Complaint filed:
Trial Date:

August 19, 2010
October 16, 2012

20
21

Judgment is hereby entered in favor of Plaintiff BIOTAB NUTRACEUTICALS,

22

INC. as against Defendants Sung Hun Lee, aka Yi Seong Hun and aka John Lee, and Helen

23

H. Yi, aka Helen Lee (individually and collectively referred to herein as “Defendants”)

24

jointly and severally, as follows:

25
26

1.

A permanent injunction is hereby entered, prohibiting each of the

Defendants, and their members, directors, officers, employees, agents, representatives,

27
28
1
JUDGMENT AGAINST DEFENDANTS LEE AND YI

1

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

2

or in concert with, any of the Defendants from:

3
4

1.1

colorable imitation thereof;

5
6

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

1.2

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®;”

7

1.3

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

8

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

9

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

10

1.4

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

11

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

12

Biotab’s ExtenZe® trademark;

13

1.5

Manufacturing or causing to be manufactured, advertising, marketing,

14

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

15

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

16

Biotab’s ExtenZe® trademark;

17

2.

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

18

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

19

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

20

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

21

electronic files, and any other means of making same.

22

3.

Compensatory damages in the sum of Three Hundred Thousand Dollars

23

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

24

($900,000.00).

25

4.

26

Exemplary and punitive damages for the willful and malicious injury to

Plaintiff by Defendants Lee and Yi in the amount of Fifty Thousand Dollars ($50,000.00).

27
28
2
JUDGMENT AGAINST DEFENDANTS LEE AND YI

1

///

2

///

3

///

4

5.

Reasonable attorney’s fees, in the apportione amount of $20,000.00.
e
e
ed

5

6.

Biotab shal recover it costs of su herein.
ll
ts
uit

6
7
8
9

DA
ATED: Sept
tember 5, 2012
A. H
Howard Ma
atz
Unit States D
ted
District Judg
ge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
JUDGM
MENT AGA
AINST DEF
FENDANT LEE AN YI
TS
ND

1
2
3
4
5
6

PROOF OF SERVICE
I am employed in the County of Los Angeles, State of California. I am over the age
of eighteen (18) years and am not a party to the within action. My business address is 1875
Century Park East, Suite 1500, Los Angeles, California 90067.
On September 6, 2012, I served the foregoing documents described as follows:
JUDGMENT AGAINST DEFENDANTS LEE AND YI
on the interested parties in this action as follows:

7

SEE SERVICE LIST ATTACHED

8

■
BY COURT’S ELECTRONIC FILING SYSTEM: The foregoing document was
transmitted electronically to the Court on said date via the court’s ECF electronic filing
system, pursuant to which I understand that the Court transmits a copy of same by e-mail
to each of the above registered attorneys of record at the e-mail addresses they identified to
the Court at the time they registered to accept service via the Court’s electronic filing
system.

9
10
11
12
13
14
15
16
17

■
BY MAIL AS TO DEFENDANT YOON KANG ONLY AS FOLLOWS: I am
“readily familiar” with the firm’s practice of collection and processing correspondence for
mailing. Under that practice it would be deposited with the U.S. postal service on that
same day with postage thereon fully prepaid at Los Angeles, California in the ordinary
course of business. I am aware that on motion of the party served, service is presumed
invalid if the postal cancellation date or postage meter date is more than one day after
service of deposit for mailing in affidavit.
I declare that I am a member of the bar of this court at whose direction the
service was made.
Executed on September 6, 2012, at Los Angeles, California.

18
19
20

/s/
Jay Stein

21
22
23
24
25
26
27
28

PROOF OF SERVICE

SERVICE LIST

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

Gary Asher Laff, Esq.
Gary A. Laff Law Offices
3345 Wilshire Blvd, Suite 911
Los Angeles, CA 90010
E-mail: [e-mail]
Nareg Gourjian
Arthur H. Kiureghian
Gourjian Law Group
101 N. Brand Boulevard, Suite 1220
Glendale, CA 91203
E-mail: [e-mail]
Yoon Kang
1624 N. Gilbert Street, Apt. B
Fullerton, CA 92833
E-mail: [e-mail]
Ginam Lee
2560 West Olympic Blvd., #202
Los Angeles, CA 90006
E-mail: [e-mail]
Jay Hong
Karacter Law Firm
3600 Wilshire Blvd., Suite 1510
Los Angeles, CA 90010
E-mail: [e-mail]

20
21
22
23
24
25
26
27
28

PROOF OF SERVICE