Monster Cable Products, Inc. v. Wireovia, LLC et al

Filing 13

JUDGMENT and PERMANENT INJUNCTION filed by Judge Dale S. Fischer against Defendant Wireovia, LLC. Defendant and any person or entity acting in concert with, or at the direction of it, including any and all agents, servants, employees, partners, assig nees, distributors, suppliers, resellers and anyothers over which it may exercise control, are hereby restrained and enjoined,pursuant to 15 U.S.C. §1116, from copying, manufacturing, importing, exporting, marketing, selling, offering for sale, distributing or dealing in any product or service that uses, or otherwise making any use of, any Plaintiffs Monster trademark; using any Internet domain name or website that includes anyPlaintiffs trademarks, including the Monster Beats marks. Plaintiff is entitled to recover and Defendant shall pay to Plaintiff the sum of Three Hundred Thousand Dollars ($300,000.00) on Plaintiffs Complaint for Damages and Declaratory Relief. (MD JS-6. Case Terminated) (shb)

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JS 6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MONSTER CABLE PRODUCTS, INC.,
a California Corporation,

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Plaintiff,

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vs.

Case No.: CV10-10010 DSF (MANx)
FINAL
JUDGMENT, INCLUDING
PERMANENT INJUNCTION,
AGAINST DEFENDANT
WIREOVIA, LLC

WIREOVIA, LLC, an Alaska Limited
Liability Company; DMITRY
KUDRYN, an Individual; et al.,

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Defendants.

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-1[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION

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The Court, pursuant to the Stipulation For Entry of Final Judgment,

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Including Permanent Injunction (“Stipulation”), between Plaintiff MONSTER

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CABLE PRODUCTS, INC. (“Plaintiff”) on the one hand, and Defendant

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WIREOVIA, LLC (“Defendant”), on the other, hereby ORDERS, ADJUDICATES

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and DECREES that final judgment, including permanent injunction, shall be and

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hereby is entered on the Complaint in the above-referenced matter as follows:

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1.

PERMANENT INJUNCTION. Defendant and any person or entity

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acting in concert with, or at the direction of it, including any and all agents,

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servants, employees, partners, assignees, distributors, suppliers, resellers and any

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others over which it may exercise control, are hereby restrained and enjoined,

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pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, or

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authorizing or assisting any third party to engage in, any of the following activities

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in the United States and throughout the world:

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a.

copying, manufacturing, importing, exporting, marketing,

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selling, offering for sale, distributing or dealing in any product or service that uses,

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or otherwise making any use of, any Plaintiff’s Monster® trademarks, and/or any

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intellectual property that is confusingly or substantially similar to, or that

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constitutes a colorable imitation of, any of Plaintiff’s Monster® trademarks,

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whether such use is as, on, in or in connection with any trademark, service mark,

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trade name, logo, design, Internet use, website, domain name, metatags,

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advertising, promotions, solicitations, commercial exploitation, television, web-

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based or any other program, or any product or service, or otherwise;

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b.

performing or allowing others employed by or representing it,

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or under its control, to perform any act or thing which is likely to injure Plaintiff,

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any Plaintiff’s Monster® trademarks, and/or Plaintiff’s business reputation or

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goodwill;

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c.

engaging in any acts of federal and/or state trademark

infringement, false designation of origin, unfair competition, dilution, or other act
-2[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION

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which would tend damage or injure Plaintiff; and/or
d.

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using any Internet domain name or website that includes any

Plaintiff’s trademarks, including the Monster® Beats® marks.
2.

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Defendant is ordered to deliver immediately for destruction all

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unauthorized products, including counterfeit Monster® products and related

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products, labels, signs, prints, packages, wrappers, receptacles and advertisements

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relating thereto in its possession or under its control bearing any of Plaintiff’s

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intellectual property or any simulation, reproduction, counterfeit, copy or colorable

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imitations thereof, and all plates, molds, heat transfers, screens, matrices and other

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means of making the same, to the extent that any of these items are in Defendant’s

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possession.
3.

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This Final Judgment shall be deemed to have been served upon

Defendant at the time of its execution by the Court.

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4.

The Court finds there is no just reason for delay in entering this

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Permanent Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil

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Procedure, the Court directs immediate entry of this Permanent Injunction against

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Defendant.

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5.

Plaintiff is entitled to recover and Defendant shall pay to Plaintiff the

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sum of Three Hundred Thousand Dollars ($300,000.00) on Plaintiff’s Complaint

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for Damages and Declaratory Relief.

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6.

NO APPEALS AND CONTINUING JURISDICTION.

No

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appeals shall be taken from this Final Judgment, Including Permanent Injunction,

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and the parties waive all rights to appeal. This Court expressly retains jurisdiction

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over this matter to enforce any violation of the terms of this Final Judgment,

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Including Permanent Injunction, and the Permanent Injunction herein.

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-3[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION

7.

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NO FEES AND COSTS. Each party shall bear its own attorneys’

fees and costs incurred in this matter.

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IT IS SO ORDERED, ADJUDICATED and DECREED this 7th day of July,

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2011.

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_______________________________
HON. DALE S. FISCHER
United States District Judge

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-4[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION