Speculative Product Design LLC v. Yifang Tsai et al
Filing
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FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANTS TSAI AND SHAW by Judge Margaret M. Morrow. (ah)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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SPECULATIVE PRODUCT DESIGN,
LLC, a California Limited Liability
Company d/b/a SPECK PRODUCTS,
Plaintiff,
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v.
Case No.: CV11-06871 MMM (JCGx)
[PROPOSED] FINAL
JUDGMENT, INCLUDING
PERMANENT INJUNCTION,
AGAINST DEFENDANTS
YIFANG TSAI AND MAX SHAW
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YIFANG TSAI, an Individual d/b/a
TwinMore; MAX SHAW, an Individual
d/b/a ONSALEGOODS; and Does 1-10,
Inclusive,
Defendants.
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The Court, pursuant to the Stipulation For Entry of Final Judgment,
including Permanent Injunction (“Stipulation”), between Plaintiff SPECULATIVE
PRODUCT DESIGN, LLC (“Plaintiff”) on the one hand, and Defendants
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YIFANG TSAI and MAX SHAW (“Defendants”), on the other, hereby ORDERS,
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ADJUDICATES and DECREES that final judgment, including permanent
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injunction, shall be and hereby is entered on the First Amended Complaint in the
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above-referenced matter as follows:
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1.
PERMANENT INJUNCTION. Defendants and any person or entity
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acting in concert with, or at the direction of them, 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 they 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.
importing, exporting, marketing, selling, offering for sale,
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distributing or dealing in any product or service that uses, or otherwise making any
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use of, any of Plaintiff’s SPECK® and CANDYSHELL® trademarks and
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copyrights, and/or any intellectual property that is confusingly or substantially
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similar to, or that constitutes a colorable imitation of, any of Plaintiff’s SPECK®
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and CANDYSHELL® trademarks and copyrights, whether such use is as, on, in
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or in connection with any trademark, service mark, trade name, logo, design,
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Internet use, website, domain name, metatags, advertising, promotions,
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solicitations, commercial exploitation, television, web-based or any other program,
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or any product or service, or otherwise;
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b.
performing or allowing others employed by or representing
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them, or under their control, to perform any act or thing which is likely to injure
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Plaintiff, any of Plaintiff’s SPECK® and CANDYSHELL® trademarks and
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copyrights, and/or Plaintiff’s business reputation or goodwill;
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c.
engaging in any acts of federal and/or state trademark
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infringement, false designation of origin/unfair competition/false or misleading
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advertising, dilution, unfair business practices, unjust enrichment, federal
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copyright infringement, common law copyright infringement, or other act which
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would tend damage or injure Plaintiff; and/or
d.
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using any Internet domain name or website, including but not
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limited to Amazon.com, that includes any of Plaintiff’s trademarks and copyrights,
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including the SPECK® and CANDYSHELL® marks and works.
2.
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Defendants are ordered to deliver immediately to counsel for Plaintiff
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for destruction all unauthorized products, including counterfeit SPECK® and
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CANDYSHELL® products and related products, labels, packages, wrappers and
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advertisements relating thereto in their possession or under their control bearing
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any of Plaintiff’s intellectual property or any simulation, reproduction, counterfeit,
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copy or colorable imitations thereof.
3.
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This Final Judgment shall be deemed to have been served upon
Defendants at the time of its execution and entry 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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Defendants.
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5.
Plaintiff is entitled to recover from Defendants the sum of One
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Hundred Forty-Four Thousand Three Hundred Forty-Seven Dollars Fifty-Eight
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Cents ($144,347.58) on Plaintiff’s First Amended Complaint for Damages and
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Declaratory Relief against Defendants subject to the terms of a separate
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Confidential Settlement Agreement by and between Plaintiff and Defendants.
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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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7.
NO FEES AND COSTS.
Each party shall bear its/her/his own
attorneys’ fees and costs incurred in this matter.
IT IS SO ORDERED, ADJUDICATED and DECREED this 2nd day of
November, 2012.
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_______________________________
HON. MARGARET M. MORROW
United States District Judge
Central District of California
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