Otter Products LLC v. MPL Deals Inc et al

Filing 16

DEFAULT JUDGMENT OF PERMANENT INJUNCTION for plaintiff and against defendants MPL Deals Inc, Menachem Prus by Judge Otis D Wright, II. .RE MOTION FOR DEFAULT JUDGMENT.(MD JS-6. Case Terminated) (lc) Modified on 9/21/2012 (lc). Modified on 9/21/2012 (lc).

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JOHNSON & PHAM, LLP
Christopher D. Johnson, SBN: 222698
E-mail: [e-mail]
Christopher Q. Pham, SBN: 206697
E-mail: [e-mail]
Marcus F. Chaney, SBN: 245227
E-mail: [e-mail]
Ani S. Garibyan, SBN: 274846
E-mail: [e-mail]
6355 Topanga Canyon Boulevard, Suite 326
Woodland Hills, California 91367
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
OTTER PRODUCTS, LLC

JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No.: CV12-04206 ODW (MANx)

OTTER PRODUCTS, LLC, a Colorado
Limited Liability Company,

JUDGMENT

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Plaintiff,

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v.
MPL DEALS, INC., a New York
Corporation; MENACHEM PRUS, an
Individual; and DOES 1-10, Inclusive,
Defendants.

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

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Plaintiff, OTTER PRODUCTS, LLC (“Plaintiff”), is hereby awarded final

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judgment on its claims for relief against Defendants MPL DEALS, INC. and
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MENACHEM PRUS (collectively, “Defendants”), in the sum of $400,000.00 (15

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U.S.C. §1117 (c)(2)), as the prevailing party in this action, pursuant to Rule 55(b)

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of the Federal Rules of Civil Procedure and under Local Rule 55-1. Under Local

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Rule 55-3, Plaintiff is awarded attorneys’ fees of $5,600.00. Pursuant to 15 U.S.C.

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§1117(a), Plaintiff is entitled to judgment against said Defendants for recovery of

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total costs Plaintiff has incurred in this action due to Defendants’ violation of 15

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U.S.C. §1125(a), and willful violation of 15 U.S.C. §1125(c) in the amount of

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$468.13.

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Furthermore, IT IS HEREBY ORDERED that Defendants and their agents,

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employees, officers, directors, owners, attorneys, representatives, successor

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companies, related companies, and all persona acting in concert or participation

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with him, and each of them, be permanently restrained from:

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a.

The import, export, making, manufacture, reproduction, assembly,

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use, acquisition, purchase, offer, sale, transfer, brokerage, consignment,

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distribution, shipment, licensing, development, display, delivery, marketing,

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advertising or promotion of the counterfeit OTTERBOX® product identified in the

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Complaint and any other unauthorized OTTERBOX® product, or products bearing

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Plaintiff’s Trademarks (including any non-genuine reproduction, counterfeit, copy

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or colorable imitation thereof).

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b.

The import, export, making, manufacture, reproduction, assembly,

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use, acquisition, purchase, offer, sale, transfer, brokerage, consignment,

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distribution, shipment, licensing, development, display, delivery, marketing,

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advertising or promotion of the infringing and diluting product identified in the

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Complaint and any other product which infringes or dilutes any Plaintiff’s

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Trademark, trade name and/or trade dress including, but not limited to, any of

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Plaintiff’s Trademarks at issue in this action.

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c.

The unauthorized use, in any manner whatsoever, of any Plaintiff’s

trademark, trade name and/or trade dress including, but not limited to, the
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Plaintiff’s Trademarks at issue in this action, any variants, colorable imitations,

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translations and/or simulations thereof and/or any items that are confusingly

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similar thereto, including specifically:

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i.

on or in conjunction with any product or service; and

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ii.

on or in conjunction with any advertising, promotional

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materials, labels, hangtags, packaging, or containers.

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d.

The use of any trademark, trade name, or trade dress that falsely

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represents, or is likely to confuse, mislead or deceive purchasers, customers, or

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members of the public to believe that unauthorized product imported, exported,

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manufactured, reproduced, distributed, assembled, acquired, purchased, offered,

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sold, transferred, brokered, consigned, distributed, stored, shipped, marketed,

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advertised and/or promoted by Defendant originates from Plaintiff, or that said

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merchandise has been sponsored, approved, licensed by, or associated with

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Plaintiff or is, in some way, connected or affiliated with Plaintiff.

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e.

Engaging in any conduct that falsely represents that, or is likely to

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confuse, mislead, or deceive purchasers, customers, or members of the public to

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believe that Defendant itself is connected with, or is in some way sponsored by or

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affiliated with Plaintiff, purchases product from or otherwise has a business

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relationship with Plaintiff.

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f.

Affixing, applying, annexing, or using in connection with the

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manufacture, distribution, advertising, sale, and/or offering for sale or other use of

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any goods, a false description or representation, including words or symbols,

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tending to falsely describe or represent such goods as being those of Plaintiff.

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g.

Hiding, disposing of, destroying, moving, relocating or transferring

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any and all products, advertising, promotional materials, labels, hangtags,

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packaging or containers bearing any of Plaintiff’s Trademarks; and/or

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h.

Disposing of, destroying, moving, relocating or transferring any

documents or things, including electronic records, pertaining to the purchase,
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procurement, development, making, manufacture, use, display, advertisement,

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marketing, licensing, sale, offer for sale, distribution, shipping, or delivery of any

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products or services bearing any Plaintiff’s Trademarks or which otherwise refer or

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relate to Plaintiff or any of Plaintiff’s Trademarks.

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IT IS SO ORDERED.

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DATED: September 21, 2012

By: ___________________________
Otis D. Wright
United States District Judge

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