Spin Master Ltd. et al v. Geospace Products Company, Inc. et al

Filing 17

PERMANENT INJUNCTION by Judge Christina A. Snyder: Upon Stipulation 16 , IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: Defendants Geospace Products Company, Inc. and Dennis Binkley, their successors, assigns, owners, principals, partners, shareho lders, officers, directors, agents, servants, employees, any and all persons acting in concert or participation with Defendants are immediately and permanently enjoined re "R/C Gecko" or "R/C Gecko 2.0", copyright, etc. Each party shall bear its own attorney's fees and costs in connection with this action; provided, however, that in the event any party files a motion, action or other proceeding to enforce or interpret the terms of this Stipulated Permanent Injunction or the Settlement Agreement, the prevailing party shall be entitled to recover all attorney's fees and other fees and costs incurred in connection with such a motion, action or enforcement proceeding. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all claims in this Civil Action are hereby dismissed with prejudice. See document for details. (MD JS-6. Case Terminated) (gk)

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GREENBERG TRAURIG, LLP
Valerie W. Ho (SBN 200505) ([e-mail])
Jeffrey F. Yee (SBN 193123) ([e-mail])
2450 Colorado Avenue, Suite 400 East
Santa Monica, California 90404
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Spin Master Ltd., Leonard R. Clark, Jr.,
and H. Peter Greene, Jr.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION

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SPIN MASTER LTD., a Canadian
corporation; LEONARD R. CLARK, JR.,
an individual; and H. PETER GREENE,
JR., an individual

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PERMANENT INJUNCTION
Stipulation for Entry of Permanent
Injunction and Dismissal Filed
Concurrently Herewith

Plaintiffs,

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vs.

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GEOSPACE PRODUCTS COMPANY,
INC., a Washington corporation, and
DENNIS BINKLEY, an individual,

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JS-6
CASE NO. CV11-2843 CAS (JCx)

Judge: Hon. Christina A. Snyder

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Defendants.

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[PROPOSED] PERMANENT INJUNCTION

LA 129,743,225v2 8-24-11

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Having considered the Stipulation for Entry of a Permanent Injunction and

2 Dismissal of Action submitted by Plaintiffs Spin Master Ltd., Leonard R. Clark Jr., and
3 H. Peter Greene (collectively, “Plaintiffs”) and Defendants Geospace Products Company,
4 Inc. and Dennis Binkley (collectively, “Defendants”):
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

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1.

Except as provided in paragraph 2, Defendants, their successors, assigns,

7 owners, principals, partners, shareholders, officers, directors, agents, servants,
8 employees, any and all persons acting in concert or participation with Defendants are
9 immediately and permanently enjoined from:

a.

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Making, using, selling, offering for sale, importing into the United

11 States, marketing, reproducing, distributing, receiving, forwarding, shipping, displaying
12 (on websites or otherwise), or in any way commercially exploiting the “R/C Gecko” as
13 depicted in Exhibit 1, or any other toy car that is a copy of or substantially similar to the
14 car protected by U.S. Copyright Registration No. VA 1-645-949;

b.

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Making, using, selling, offering for sale, importing into the United

16 States, marketing, reproducing, distributing, receiving, forwarding, shipping, displaying
17 (on websites or otherwise), or in any way commercially exploiting any toy cars that
18 infringe one or more claims of U.S. Patent No. 7,753,755, including but not limited to,
19 the “R/C Gecko” or “R/C Gecko 2.0” depicted in Exhibits 1 - 2;

c.

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Assisting, aiding or abetting another person or business entity in

21 engaging in or performing any of the activities enumerated in subparagraphs (a) through
22 (b) above.
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2.

Defendants shall have until September 30, 2011 to sell their remaining

24 inventory of the “R/C Gecko 2.0” consisting of approximately 3,500 units. Defendants
25 shall cease any sale, offer for sale, advertisement, or display of the “R/C Gecko 2.0” on
26 October 1, 2011.
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3.

This Court has personal jurisdiction over the parties with respect to this

28 Civil Action and this Stipulated Permanent Injunction.
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[PROPOSED] PERMANENT INJUNCTION
LA 129,743,225v2 8-24-11

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4.

This Court has jurisdiction over the subject matter of this Civil Action.

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5.

Each party shall bear its own attorney’s fees and costs in connection with

3 this action; provided, however, that in the event any party files a motion, action or other
4 proceeding to enforce or interpret the terms of this Stipulated Permanent Injunction or the
5 Settlement Agreement, the prevailing party shall be entitled to recover all attorney’s fees
6 and other fees and costs incurred in connection with such a motion, action or
7 enforcement proceeding.
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6.

This Court retains jurisdiction over this matter and to the extent necessary to

9 interpret or enforce this Stipulated Permanent Injunction and to determine any issues
10 which may arise concerning this Stipulated Permanent Injunction or the Settlement
11 Agreement.
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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all claims in this

13 Civil Action are hereby dismissed with prejudice.
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15 IT IS SO ORDERED.
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17 DATED: August 25, 2011
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____________________________________
Honorable Christina A. Snyder
U.S. District Court
Central District of California

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[PROPOSED] PERMANENT INJUNCTION
LA 129,743,225v2 8-24-11