Beachbody LLC v. Andre et al
Filing
137
PERMANENT INJUNCTION filed by Judge R. Gary Klausner against Defendant Ofer Secharia 136 . (rne)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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BEACHBODY, LLC, et al.,
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Plaintiff,
[PROPOSED] PERMANENT
INJUNCTION AGAINST
DEFENDANT OFER SECHARIA
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Case No.: CV11-10232 RGK (MRWx)
v.
BARRERA ANDRE, et al.,
Defendants.
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The Court, pursuant to the Stipulation for Entry of Permanent Injunction
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(“Stipulation”), and separate Confidential Settlement Agreement between Plaintiff
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BEACHBODY, LLC (“Plaintiff”), on the one hand, and Defendant OFER
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SECHARIA (“Defendant”), on the other, hereby ORDERS, ADJUDICATES and
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DECREES that a permanent injunction shall be and hereby is entered against
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Defendant in the above-referenced matter as follows:
-1[PROPOSED] PERMANENT INJUNCTION
1.
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PERMANENT INJUNCTION. Defendant and any person or entity
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acting in concert with, or at the direction of him, 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 he 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:
a.
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copying, manufacturing, importing, exporting, marketing,
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selling, offering for sale, distributing or dealing in any product or service that uses,
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or otherwise making any use of, any Plaintiff’s BEACHBODY® and P90X®
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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 BEACHBODY® and P90X® 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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b.
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 BEACHBODY® and P90X® trademarks and copyrights, and/or
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Plaintiff’s business reputation or goodwill;
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c.
engaging in any acts of federal and/or state trademark and/or
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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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d.
using any Internet domain name or website that includes any
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Plaintiff’s Trademarks and Copyrights, including the BEACHBODY® and P90X®
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marks.
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2.
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Defendant is ordered to deliver immediately for destruction all
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unauthorized products, including counterfeit P90X® products and related products,
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labels, signs, prints, packages, wrappers, receptacles and advertisements relating
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thereto in his possession or under his control bearing any of Plaintiff’s intellectual
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property or any simulation, reproduction, counterfeit, copy or colorable imitations
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thereof, and all plates, molds, heat transfers, screens, matrices and other means of
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making the same, to the extent that any of these items are in Defendant’s
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possession.
3.
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This Permanent Injunction shall be deemed to have been served upon
Defendant at the time of its execution by the Court.
4.
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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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Defendant.
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5.
Defendant will be making agreed-upon payments to Plaintiff, as more
particularly described in a separate Confidential Settlement Agreement.
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6.
NO APPEALS AND CONTINUING JURISDICTION.
No
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appeals shall be taken from this Permanent Injunction, and the parties waive all
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rights to appeal. This Court expressly retains jurisdiction over this matter to
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enforce any violation of the terms of this Permanent Injunction.
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7.
NO FEES AND COSTS. Each party shall bear its/his own attorneys’
fees and costs incurred in this matter.
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IT IS SO ORDERED, ADJUDICATED and DECREED this 5th day of
June, 2012.
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_________________________________
HON. R. GARY KLAUSNER
United States District Judge
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-4[PROPOSED] PERMANENT INJUNCTION
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