American Rena Intenational Corp et al v. Sis-Joyce International Co Ltd et al

Filing 294

JUDGMENT and PERMANENT INJUNCTION by Judge Fernando M. Olguin. IT ISADJUDGED THAT: Judgment is hereby entered in favor of plaintiffs and against defendants. Plaintiffs shall recover Sis-Joyce and Lin, jointly severally, the amount of $5,024,147. 44 consisting of: $3,865,488.44 in damages; and 41,158,659 for attorney's fees and costs. Defendants Counterclaims are DISMISSED WITH PREJUDICE. Sis-Joyce, Lin, and all those acting in concert with them or at their direction, are permanently enjoined. (MD JS-6. Case Terminated.) (jp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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AMERICAN RENA INTERNATIONAL
CORP., et al.,

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Plaintiffs,
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v.
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SIS-JOYCE INTERNATIONAL CO.,
LTD., et al.,

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Defendants.

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Case No. CV 12-6972 FMO (JEMx)

JUDGMENT and PERMANENT
INJUNCTION

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Pursuant to the Court’s Order of December 14, 2015, and the Court’s Order Re: Damages

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and Permanent Injunction, filed contemporaneously with the filing of this Judgment, IT IS

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ADJUDGED THAT:

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1.

Judgment is hereby entered in favor of plaintiffs American Rena International

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Corporation (“Rena”), WanZhu “Kathryn” Li, and Robert M. Milliken (collectively, “plaintiffs”) and

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against defendants Sis-Joyce International Co., Ltd. (“Sis-Joyce”) and Alice “Annie” Lin (“Lin”)

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(collectively, “defendants”) on plaintiffs’ claims for federal and common law trademark

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infringement, trademark cancellation, trade secret misappropriation, violation of the

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Anticybersquatting Consumer Protection Act, copyright infringement, false light, violation of the

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right of publicity, and unjust enrichment.

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2. Plaintiffs shall recover Sis-Joyce and Lin, jointly severally, the amount of five million,

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twenty-four thousand, one-hundred forty-seven and 44/100 dollars ($5,024,147.44) consisting of:

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(1) three million, eight-hundred sixty-five thousand, four-hundred eighty-eight and 44/100 dollars

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($3,865,488.44) in damages; and (2) one million, one-hundred fifty-eight thousand, six-hundred

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fifty-nine dollars ($1,158,659) for attorney’s fees and costs.

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3. Defendants’ Counterclaims are dismissed with prejudice.

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4. The United States Patent and Trademark Office shall cancel the “NEW! ARËNA

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ACTIVATION ENERGY SERUM” mark, Certificate of Registration No. 4,002,069.
5. Sis-Joyce, Lin, and all those acting in concert with them or at their direction, are
permanently enjoined from:
a.

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referencing, mentioning, or using in any way Plaintiffs’ RENA or RENA
BIOTECHNOLOGY marks in connection with the sale of products;

b.

referencing, mentioning, or using in any way the purported “ARëna,” “aRena,”

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“aRENA,” and “NEW! ARËNA ACTIVATION ENERGY SERUM” marks, or

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any other mark confusingly similar to the RENA or RENA BIOTECHNOLOGY

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marks in connection with the sale of products;

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c.

copying, displaying, performing, or reproducing, in whole or in part, any text,

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photographs, graphics, source code, or other copyrighted expression from

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the www.americanrena.com website or from any other any Rena work;

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d.

selling, advertising, or making any other use of a bottle or label that is

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confusingly similar to Rena’s bottles and labels, including the 0.51 ounce

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bottle used to sell purported “ARëna,” “aRena,” “aRENA,” and “NEW! ARËNA

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ACTIVATION ENERGY SERUM” products;

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e.

advertising, marketing, or describing “ARëna,” “aRena,” “aRENA,” or “NEW!

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ARËNA ACTIVATION ENERGY SERUM” products in any manner likely to

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mislead consumers as to the source of such products or their affiliation with

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Rena;

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f.

interfering with Rena’s relationships with its leaders, members, distributors,
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customers, or marketers, including, without limitation, by contacting Rena’s

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existing leaders, members, distributors, customers, or marketers for the

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purpose of soliciting business, making false or misleading statements, or

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otherwise discussing Rena or its products with such leaders, members,

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distributors, or marketers;

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g.

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using or referring to Plaintiffs’ names or likenesses for any commercial
purpose; and

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posting, maintaining, displaying or performing websites, promotional videos,

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or advertisements for genuine RENA products or defendants’ purported

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“ARëna,” “aRena,” “aRENA,” and “NEW! ARËNA ACTIVATION ENERGY

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SERUM” products, including, without limitation, videos posted under the

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name tvstripe1 on YouTube.com.

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6. Sis-Joyce and Lin shall post and maintain a notice on the homepage of sisjoyce.com,
in both English and translated into Mandarin Chinese, that states as follows:

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Sis-Joyce and the “ARëna” products formerly sold through this website have

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no affiliation, and have never had any affiliation, with genuine American Rena

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products that bear RENA or RENA BIOTECHNOLOGY trademarks. In order

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to avoid confusion between those products and those sold by American

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Rena, Sis-Joyce will no longer sell “ARëna” products.

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7. Sis-Joyce and Lin shall turn over and deposit with the law firm of Quinn Emanuel

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Urquhart & Sullivan, LLP, all existing products in their possession, custody, or control that bear

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the RENA or RENA BIOTECHNOLOGY marks or the “ARëna,” “aRena,” “aRENA,” or “NEW!

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ARËNA ACTIVATION ENERGY SERUM” marks.

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Dated this 29th day of December, 2016.

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/s/
Fernando M. Olguin
United States District Judge

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