Zumba Fitness LLC v. Walter Perissutti et al
Filing
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JUDGMENT by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: Plaintiff ZUMBA FITNESS,LLC, is hereby awarded final judgment on its claims for relief against defendant WALTER PERISSUTTI in the sum of $430,000.00. ( MD JS-6. Case Terminated ) (bp)
JS-6
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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JUDGMENT
Plaintiff,
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Case No.: CV11-05347 RSWL (FMOx)
ZUMBA FITNESS, LLC, a Florida
Limited Liability Company,
vs.
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WALTER PERISSUTTI, an Individual,
and Does 1-10, Inclusive,
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Defendant.
_________________________________
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
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Plaintiff ZUMBA FITNESS, LLC, is hereby awarded final judgment on its
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claims for relief against Defendant WALTER PERISSUTTI in the sum of
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$430,000.00 under 15 U.S.C. §1117(c)(2) and 17 U.S.C. §504(c)(2), as the
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prevailing party in this action, pursuant to Rule 55(b) of the Federal Rules of Civil
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Procedure and under Local Rule 55-1.
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awarded attorneys’ fees of $5,600.00. Plaintiff is further awarded costs, pursuant
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to the Trademark Act and Copyright Act, 17 U.S.C. §504(c), in the amount of
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$669.31. Furthermore, Defendant is permanently enjoined and restrained from the
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following activities and conduct and ordered as follows:
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a)
Under Local Rule 55-3, Plaintiff is
Defendant and any person or entity acting in concert with, or at the
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direction of him, including any and all agents, servants, employees, partners,
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assignees, distributors, suppliers, resellers and any others over which he may
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exercise control, are hereby restrained and enjoined, pursuant to 15 U.S.C. § 1116,
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from engaging in, directly or indirectly, or authorizing or assisting any third party
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to engage in, any of the following activities in the United States and throughout the
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world:
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i)
copying, manufacturing, importing, exporting, marketing, sale,
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offering for sale, distributing or dealing in any product or service that uses, or
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otherwise making any use of, any of Plaintiff’s Zumba® and Zumba Fitness®
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trademarks and copyrights, and/or any intellectual property that is confusingly or
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substantially similar to, or that constitutes a colorable imitation of, any of
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Plaintiff’s Zumba® and Zumba Fitness® trademarks and copyrights, whether such
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use is as, on, in or in connection with any trademark, service mark, trade name,
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logo, design, Internet use, website, domain name, metatags, advertising,
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promotions, solicitations, commercial exploitation, television, web-based or any
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other program, or any product or service, or otherwise;
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ii)
performing or allowing others employed by or representing him,
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or under his control, to perform any act or thing which is likely to injure Plaintiff,
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any of Plaintiff’s Zumba® and Zumba Fitness® trademarks and copyrights, and/or
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Plaintiff’s business reputation or goodwill;
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iii)
engaging in any acts of federal and/or state trademark and/or
copyright infringement, false designation of origin, unfair competition, dilution, or
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other act which would tend damage or injure Plaintiff; and/or
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using any Internet domain name or website that includes any of
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Plaintiff’s Trademarks and Copyrights, including the Zumba® and Zumba
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Fitness® marks.
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b)
Defendant is ordered to deliver immediately for destruction all
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unauthorized products, including counterfeit Zumba Fitness® products and related
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products, labels, signs, prints, packages, wrappers, receptacles and advertisements
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relating thereto in his possession or under his 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.
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IT IS SO ORDERED, ADJUDICATED and DECREED this 9th day of
November, 2011.
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RONALD S.W. LEW
_______________________________
HON. RONALD S. W. LEW
Senior, U.S. District Court Judge
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