May Cheong Toy Products Limited et al v. Autotec Sales Inc et al

Filing 31

ORDER (REVISED) RE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Judge Audrey B. Collins: The Court having reviewed Plaintiffs' Motion for Preliminary Injunction and the declarations and exhibits in support thereof, finds that preliminar y injunctive relief is warranted. Plaintiffs' motion is GRANTED and the Court Orders as follows: 1. Defendant Autotec Sales Inc., its officers, agents, employees, and those acting in concert or conspiracy with it, including its customers and sup pliers, are hereby enjoined during the pendency of this action from: (a) infringing, or contributing to or participating in the infringement by others including by inducing infringement, of any of the copyrights named in the Complaint in this case (t he "Muscle Machines"), or acting in concert with, aiding and abetting others to infringe any of said copyrights in any way.... 2. Defendant shall be required to deliver upon oath, to be impounded during the pendency of this action and maint ained in storage until the conclusion of this case, all copies of the Muscle Machines related thereto in its possession, held for delivery to it or under its control, under whatever name of the subject as may have been affixed thereto, which infringe or which may have been used to infringe any of Plaintiffs' copyrights or exclusive rights under copyright. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)

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Jeffrey G. Sheldon (SBN 67516)
[e-mail]
William D. Bowen (SBN 254398)
[e-mail]
SHELDON MAK & ANDERSON PC
100 Corson Street, Third Floor
Pasadena, California 91103-3842
Telephone: [phone]
Facsimile: 626.795.6321

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Attorneys for Plaintiffs May Cheong Toy Products
Factory Limited and Maisto International, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MAY CHEONG TOY PRODUCTS
FACTORY LIMITED., a Hong Kong
private limited company, and MAISTO
INTERNATIONAL, INC., a California
corporation,

Case No.: CV12-09441 ABC (CWx)
[PROPOSED] ORDER (REVISED)
RE PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION

Plaintiffs,

Date: December 3, 2012
Time: 10:00 a.m.
Courtroom: 680

vs.

Trial Date: None

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AUTOTEC SALES INC., a California
corporation, XIN YU ARTS TOYS
CO., LTD., a Chinese limited liability
company and DOES 1-10, inclusive,

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Defendants.

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[PROPOSED] ORDER (REVISED) RE PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

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The Court having reviewed Plaintiffs’ Motion for Preliminary Injunction and

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the declarations and exhibits in support thereof, finds that preliminary injunctive

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relief is warranted. Plaintiffs’ motion is GRANTED and the Court Orders as

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follows:

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1.

Defendant Autotec Sales Inc., its officers, agents, employees, and

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those acting in concert or conspiracy with it, including its customers and suppliers,

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are hereby enjoined during the pendency of this action from:

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(a)

infringing, or contributing to or participating in the

infringement by others including by inducing infringement, of any of the

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copyrights named in the Complaint in this case (the “Muscle Machines”), or acting

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in concert with, aiding and abetting others to infringe any of said copyrights in any

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way;

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(b)

manufacturing, copying, duplicating, selling, renting,

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marketing, leasing, distributing, or otherwise disposing of any unauthorized copies

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of the Muscle Machines, and in particular any unauthorized copies of the vehicles

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shown in Exhibits 2-4;

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(c)

instructing any person, requesting any person, or ordering

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from any person any copies of the Muscle Machines to be shipped to any person,

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including the XQ machines identified in Exhibits 2 -4; and

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(d)

licensing or obtaining a license for any person to make

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copies of the Muscle Machines to be shipped to any person, including the XQ

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machines identified in Exhibits 2-4.

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2.

Defendant shall be required to deliver upon oath, to be impounded

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during the pendency of this action and maintained in storage until the conclusion of

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this case, all copies of the Muscle Machines related thereto in its possession, held

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for delivery to it or under its control, under whatever name of the subject as may

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[PROPOSED] ORDER (REVISED) RE PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

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have been affixed thereto, which infringe or which may have been used to infringe

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any of Plaintiffs’ copyrights or exclusive rights under copyright.

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Dated: December 3, 2012

____________________
Hon. Audrey B. Collins

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[PROPOSED] ORDER (REVISED) RE PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION