Beachbody LLC v. Andre et al

Filing 181

FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST COMMERCIAL LABRAT, LLC by Judge R. Gary Klausner, in favor of Beachbody LLC against Commercial Labrat LLC Related to: Stipulation for Judgment 161 . ORDERS, ADJUDICATES and DECREES that the fina l judgment, including permanent injunction, shall be and hereby is entered on the Complaint in the above-referenced matter as follows: PERMANENT INJUNCTION. Defendant and any person or entity acting in concert with, or at the direction of it, includi ng any and all agents, servants, employees, partners, assignees, distributors, suppliers, resellers and any other over which it may exercise control, are hereby restrained and enjoined, pursuant to 15 U.S.C. 1116, from engaging in, directly or indire ctly, or authorizing or assisting any third party to engage in, any of the following activities in the United States and throughout the world: copying, manufacturing, importing, exporting, marketing, sale, offering for sale, distributing or dealing i n any product or service that uses, or otherwise making any use of, any of Plaintiff's BEACHBODY, P90X, INSANITY, and BRAZIL BUTT LIFT trademarks and cop0yrights, and/or any intellectual property that is confusingly or substantially similar to, or that constitutes a colorable imitation of, any of Plaintiff's BEACHBODY, P90X, INSANITY, and BRAZIL BUTT LIFT trademarks and copyrights, whether such use is as, on, in or in connection with any trademark, service mark, trade name, logo, desig n, Internet use, website, domain name, metatags, advertising, promotions, solicitations, commercial exploitation, television, web-based or any other program, or any product or service, or otherwise: performing or allowing others employed by or repres enting it, or under its control, to perform any act or thing which is likely to injure Plaintiff, any Plaintiff's BEACHBODY, P90X, INSANITY, and BRAZIL BUTT LIFT trademarks and copyrights, and/or Plaintiff's business reputation or goodwill. Plaintiff is entitled to recover and Defendant shall pay to Plaintiff the sum of Two Hundred Thirty Thousand Dollars ($230,000.00) on Plaintiff's Complaint for Damages. (bp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No.: CV11-10232 RGK (MRWx)

BEACHBODY, LLC, et al.,

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Plaintiff,

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[PROPOSED] FINAL
JUDGMENT, INCLUDING
PERMANENT INJUNCTION,
AGAINST DEFENDANT
COMMERCIAL LABRAT, LLC

v.
BARRERA ANDRE, et al.,

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Defendant.

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The Court, pursuant to the Stipulation for Entry of Final Judgment,

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including Permanent Injunction (“Stipulation”) by and between Plaintiff

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BEACHBODY,

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COMMERCIAL LABRAT, LLC (“Defendant”), on the other, hereby ORDERS,

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ADJUDICATES and DECREES that final judgment, including permanent

LLC

(“Plaintiff”),

on

the

one

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hand,

and

Defendant

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injunction, shall be and hereby is entered on the Complaint in the above-referenced

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matter as follows:

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1.

PERMANENT INJUNCTION. Defendant and any person or entity

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acting in concert with, or at the direction of it, 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 it 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, 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 BEACHBODY®, P90X®,

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INSANITY®, and BRAZIL BUTT LIFT® trademarks and copyrights, and/or any

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intellectual property that is confusingly or substantially similar to, or that

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constitutes a colorable imitation of, any of Plaintiff’s BEACHBODY®, P90X®,

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INSANITY®, and BRAZIL BUTT LIFT® trademarks and copyrights, whether

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such use is as, on, in or in connection with any trademark, service mark, trade

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name, 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 it,

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or under its control, to perform any act or thing which is likely to injure Plaintiff,

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any of Plaintiff’s BEACHBODY®, P90X®, INSANITY®, and BRAZIL BUTT

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LIFT® trademarks and copyrights, and/or Plaintiff’s business reputation or

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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.

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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 BEACHBODY®, P90X®,

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INSANITY®, and BRAZIL BUTT LIFT® marks.

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2.

Defendant is ordered to deliver immediately for destruction all

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unauthorized

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INSANITY®, and BRAZIL BUTT LIFT® products and related products, labels,

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signs, prints, packages, wrappers, receptacles and advertisements relating thereto in

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its possession or under its control bearing any of Plaintiff’s intellectual property or

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any simulation, reproduction, counterfeit, copy or colorable imitations thereof, and

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all plates, molds, heat transfers, screens, matrices and other means of making the

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same, to the extent that any of these items are in Defendant’s possession.

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3.

products,

including

counterfeit

BEACHBODY®,

P90X®,

This Final Judgment shall be deemed to have been served upon

Defendant at the time of its execution by the Court.
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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.

Plaintiff is entitled to recover and Defendant shall pay to Plaintiff the

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sum of Two Hundred Thirty Thousand Dollars ($230,000.00) on Plaintiff’s

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Complaint for Damages.

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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 own attorneys’

fees and costs incurred in this matter.

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IT IS SO ORDERED, ADJUDICATED and DECREED this 17th day of
January, 2013.

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_______________________________
HON. R. GARY KLAUSNER
United States District Judge
Central District of California

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