Monster Cable Products, Inc. v. JJ Shopper, LLC et al

Filing 32

FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT JJ SHOPPER, LLC by Judge Manuel L. Real, Plaintiff is entitled to recover and Defendant JJ SHOPPER shall pay to Plaintiff the sum of Five Hundred Thousand Dollars ($500,000.00) on Plaintiffs Complaint for Damages and Declaratory Relief against Defendant JJ SHOPPER. Each party shall bear its own attorneys fees and costs incurred in this matter. (pj)

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 MONSTER CABLE PRODUCTS, INC., a California Corporation, 16 Plaintiff, 17 18 19 20 21 vs. Case No.: CV10-10021 R (AJWx) FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT JJ SHOPPER, LLC JJ SHOPPER, LLC, a Texas Domestic Limited Liability Company, et al., Defendants. 22 23 24 25 26 27 28 The Court, pursuant to the Stipulation For Entry of Final Judgment, Including Permanent Injunction (“Stipulation”), between Plaintiff MONSTER CABLE PRODUCTS, INC. (“Plaintiff”) on the one hand, and Defendants JJ SHOPPER, LLC (“JJ SHOPPER”) and JUN WANG (“WANG”) (collectively -1FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION 1 “Defendants”), on the other, hereby ORDERS, ADJUDICATES and DECREES 2 that final judgment, including permanent injunction, shall be and hereby is entered 3 on the Complaint in the above-referenced matter as follows: 4 1. PERMANENT INJUNCTION. Defendant JJ SHOPPER and any 5 person or entity acting in concert with, or at the direction of it, including any and 6 all agents, servants, employees, partners, assignees, distributors, suppliers, resellers 7 and any others over which it may exercise control, are hereby restrained and 8 enjoined, pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, or 9 authorizing or assisting any third party to engage in, any of the following activities 10 in the United States and throughout the world: a. 11 copying, manufacturing, importing, exporting, marketing, 12 selling, offering for sale, distributing or dealing in any product or service that uses, 13 or otherwise making any use of, any Plaintiff’s MONSTER®, MONSTER 14 CABLE®, M1000®, and MSERIES® trademarks, and/or any intellectual property 15 that is confusingly or substantially similar to, or that constitutes a colorable 16 imitation of, any of Plaintiff’s MONSTER®, MONSTER CABLE®, M1000®, and 17 MSERIES® trademarks, whether such use is as, on, in or in connection with any 18 trademark, service mark, trade name, logo, design, Internet use, website, domain 19 name, metatags, advertising, promotions, solicitations, commercial exploitation, 20 television, web-based or any other program, or any product or service, or 21 otherwise; 22 b. performing or allowing others employed by or representing it, 23 or under its control, to perform any act or thing which is likely to injure Plaintiff, 24 any of Plaintiff’s 25 MSERIES® trademarks, and/or Plaintiff’s business reputation or goodwill; 26 c. MONSTER®, MONSTER CABLE®, M1000®, and engaging in any acts of federal and/or state trademark 27 infringement, false designation of origin, unfair competition, dilution, or other act 28 which would tend damage or injure Plaintiff; and/or -2FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION d. 1 using any Internet domain name or website that includes any 2 Plaintiff’s trademarks, including the MONSTER®, MONSTER CABLE®, 3 M1000®, and MSERIES® marks. 2. 4 Defendant JJ SHOPPER is ordered to deliver immediately for 5 destruction all unauthorized products, including counterfeit MONSTER®, 6 MONSTER CABLE®, M1000®, and MSERIES® products and related products, 7 labels, signs, prints, packages, wrappers, receptacles and advertisements relating 8 thereto in its possession or under its control bearing any of Plaintiff’s intellectual 9 property or any simulation, reproduction, counterfeit, copy or colorable imitations 10 thereof, and all plates, molds, heat transfers, screens, matrices and other means of 11 making the same, to the extent that any of these items are in Defendant JJ 12 SHOPPER’s possession. 3. 13 14 This Final Judgment shall be deemed to have been served upon Defendant JJ SHOPPER at the time of its execution by the Court. 15 4. The Court finds there is no just reason for delay in entering this 16 Permanent Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil 17 Procedure, the Court directs immediate entry of this Permanent Injunction against 18 Defendant JJ SHOPPER. 19 5. Plaintiff is entitled to recover and Defendant JJ SHOPPER shall pay 20 to Plaintiff the sum of Five Hundred Thousand Dollars ($500,000.00) on Plaintiff’s 21 Complaint for Damages and Declaratory Relief against Defendant JJ SHOPPER. 22 6. NO APPEALS AND CONTINUING JURISDICTION. No 23 appeals shall be taken from this Final Judgment, Including Permanent Injunction, 24 and the parties waive all rights to appeal. This Court expressly retains jurisdiction 25 over this matter to enforce any violation of the terms of this Final Judgment, 26 Including Permanent Injunction, and the Permanent Injunction herein. 27 /// 28 /// -3FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION 1 2 7. NO FEES AND COSTS. Each party shall bear its own attorneys’ fees and costs incurred in this matter. 3 4 5 IT IS SO ORDERED, ADJUDICATED and DECREED this 28th day of November, 2011. 6 7 8 9 10 _______________________________ HON. MANUEL L. REAL United States District Judge Central District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION

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