Global Product Resources, Inc. v. WBM Pvt. Ltd. et al

Filing 29

CONSENT DECREE AGAINST DEFENDANTS WBM (Pvt.) LTD. AND WBM, LLC by Judge R. Gary Klausner: IT IS HEREBY ORDERED that defendants WBM (Pvt.) LTD. and WBM,LLC (collectively, WBM), are subject to the jurisdiction of this court pursuant to their consent an d that WBM (Pvt.) LTD.s motion to dismiss 21 is taken off calendar as moot pursuant to the terms of the parties settlement agreement and the terms of this order. IT IS HEREBY FURTHER ORDERED, pursuant to the terms of the parties settlement agreemen t, that WBM, and their officers, agents, servants, and employees, and any persons acting in concert or participation with them, are enjoined and restrained from directly or indirectly infringing Plaintiffs copyrights in the DECO BREEZE product designs. This permanent injunction shall supersede the terms and obligations of the parties under the Temporary Restraining Order 24 . (shb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GLOBAL PRODUCT RESOURCES,
INC., a California corporation,

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Plaintiff,
v.

CASE NO. CV 11-03864 RGK (AGRx)
[PROPOSED] CONSENT DECREE
AGAINST DEFENDANTS WBM
(Pvt.) LTD. AND WBM, LLC

WBM (Pvt.) LTD., a Pakistan
company; WBM, LLC, a New Jersey
limited liability company; DESIGNED
4 LIFE, LLC, a California limited
liability company; WALGREEN CO.,
an Illinois corporation;
and DOES 1-20,

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Defendants.

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The Court, having read and considered the JOINT NOTICE OF

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SETTLEMENT AND MOTION FOR ENTRY OF CONSENT DECREE, and good

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cause appearing,
IT IS HEREBY ORDERED that defendants WBM (Pvt.) LTD. and WBM,

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LLC (collectively, “WBM”), are subject to the jurisdiction of this court pursuant to

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their consent and that WBM (Pvt.) LTD.’s motion to dismiss (Docket No. 21) is

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taken off calendar as moot pursuant to the terms of the parties’ settlement

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agreement and the terms of this order;

H IGGS , F LETCHER
& M ACK LLP
ATTORNEYS AT LAW
SAN DIEGO

1016927.2

PROPOSED PERMANENT INJUNCTION

IT IS HEREBY FURTHER ORDERED, pursuant to the terms of the parties’

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settlement agreement, that WBM, and their officers, agents, servants, and

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employees, and any persons acting in concert or participation with them, are

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enjoined and restrained from directly or indirectly infringing Plaintiff’s copyrights

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in the DECO BREEZE product designs set forth in Exhibit A and B hereto (the

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“Subject DECO BREEZE fans”), and from manufacturing, distributing, importing,

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advertising, transferring, displaying (either on their website or otherwise), selling,

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offering for sale, or in any way commercially exploiting fans that are substantially

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similar to the Subject DECO BREEZE fans (aside from the “Manufactured Units”

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as defined below). WBM is specifically ordered to cease any and all efforts to sell

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the products depicted in Exhibit C hereto (“Accused Fans”), as well as any and all

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other products that are unlawful and unauthorized copies of the Subject DECO

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BREEZE fans;
This order specifically excludes the approximately 18,000 units of the

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Accused Fans that have been previously manufactured (“Manufactured Units”),

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which the parties pursuant to a settlement agreement have conditionally agreed can

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be distributed, displayed, offered for sale, and sold;
This permanent injunction shall supersede the terms and obligations of the

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parties under the Temporary Restraining Order (Docket Entry No. 24);

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IT IS SO ORDERED.

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DATED: June 13, 2011

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H IGGS , F LETCHER
& M ACK LLP
ATTORNEYS AT LAW
SAN DIEGO

____________________________________
UNITED STATES JUDGE

Presented By:
HIGGS FLETCHER & MACK LLP
By:__/s/ Phillip C. Samouris______________________
PHILLIP C. SAMOURIS
Attorneys for Plaintiff
Global Product Resources, Inc.
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1016927.2

PROPOSED PERMANENT INJUNCTION