Magpul Industries Corp v. John Doe

Filing 35

PERMANENT INJUNCTION filed by Judge Dale S. Fischer against Defendants and Non Party Kelvin Tran, Flux Creations, Frank Tran. FRANK TRAN, FLUX CREATIONS, and KELVIN TRAN, are forever restrained from: a. manufacturing, importing, advertising, promoti ng, marketing, offering to sell, selling, distributing, or transferring any products bearing MAGPULS name or marks, or any confusingly similar trademarks, other than those actually manufactured or distributed by MAGPUL. (See order for further details). (MD JS-6. Case Terminated) (shb)

1 JEFFREY C. HALLAM (State Bar No. 161259)
E-Mail:
[e-mail]
2 LOUIS P. FEUCHTBAUM (State Bar No. 219826)
[e-mail]
3 E-Mail:
SIDEMAN & BANCROFT LLP
4 One Embarcadero Center, Twenty-Second Floor
5 San Francisco, California 94111-3711
Telephone: [phone]
6 Facsimile: [phone]
JS 6
7 Attorneys for Plaintiff
8 MAGPUL INDUSTRIES, CORP.
9

PAUL D. SUPNIK [State Bar No. 52842]
10 Email: [e-mail]
9401 Wilshire Blvd., Suite 1250
11 Beverly Hills, CA 90212
12 Telephone: [phone]
Facsimile: 310-388-5645
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Attorney for Defendants
14 FRANK TRAN and FLUX CREATIONS
15 Attorney for Non-Party
KELVIN TRAN
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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20 MAGPUL INDUSTRIES, CORP.,
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Plaintiff,
v.

23 JOHN DOE 1-100,
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Case No. CV 13-04353 DSF (JCGx)
[REVISED PROPOSED] ORDER
GRANTING A PERMANENT
INJUNCTION

Defendants.

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CV 13-04353
[REVISED PROPOSED] ORDER GRANTING A PERMANENT INJUNCTION

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Factual Findings and Conclusions of Law
Based upon a review of the pleadings, declarations, evidence presented, and

3 the Stipulation filed by Plaintiff MAGPUL INDUSTRIES, CORP. (“MAGPUL”)
4 and Defendants FRANK TRAN, FLUX CREATIONS, and non-party KELVIN
5 TRAN (collectively “DEFENDANTS”), this Court makes the following findings of
6 fact and conclusions of law:
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1.

MAGPUL and DEFENDANTS (“Parties”) have jointly filed a

8 Stipulation, seeking entry of this Permanent Injunction. The Parties are requesting
9 this Order in accordance with the terms of a Confidential Settlement Agreement that
10 the Parties have each signed and agreed to, with the advice of counsel. The Parties
11 have agreed to all of the terms for this Permanent Injunction. They have requested
12 the Court enter this Order granting the Permanent Injunction in order to satisfy the
13 terms of that Confidential Settlement Agreement.
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2.

Non-party KELVIN TRAN is subject to this permanent injunction by

15 Fed. R. Civ. P. 65(d)(2)(C) which grants the Court authority to bind any person who
16 acted in concert or participated with a party to the injunction.
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3.

The balance of the parties’ prospective harms and public interest favors

18 restricting DEFENDANTS’ unauthorized use of MAGPUL’S name and marks.
19 Based on the foregoing, MAGPUL is entitled to a permanent injunction against
20 DEFENDANTS on the terms that are described below.
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Terms of Permanent Injunction
1.

FRANK TRAN, FLUX CREATIONS, and KELVIN TRAN, are

23 forever restrained from:
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a.

manufacturing, importing, advertising, promoting, marketing,

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offering to sell, selling, distributing, or transferring any products

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bearing MAGPUL’S name or marks, or any confusingly similar

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trademarks, other than those actually manufactured or distributed by

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[REVISED PROPOSED] ORDER GRANTING A PERMANENT INJUNCTION

CV 13-04353

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MAGPUL;

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b.

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or marks as well as any reproductions, counterfeit copies, derivations,

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or colorable imitations thereof, or any mark confusingly similar thereto

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or likely to dilute or detract from MAGPUL’S name or marks;

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c.

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representation, or any other use of MAGPUL’S name or marks, logo or

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trade dress, or counterfeit versions thereof, in a manner calculated to

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falsely advertise counterfeit products as being manufactured,

making or employing any commercial use of MAGPUL’S name

using any other false designation of origin, false description or

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distributed, sponsored, authorized, or endorsed by MAGPUL, or

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otherwise associated with MAGPUL in any way;

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d.

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or mistake among the consuming public or to deceive the public by

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misleading consumers and purchasers to the mistaken belief that

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counterfeit products are genuine MAGPUL products, or were somehow

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licensed, sponsored, endorsed, authorized, affiliated, or otherwise

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associated with MAGPUL;

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e.

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returning, or otherwise moving, storing, or disposing of:

committing any other acts calculated or likely to cause confusion

secreting, concealing, destroying, selling off, transferring,

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i.

any products, not manufactured or distributed by

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MAGPUL, bearing MAGPUL’S name or marks, or any

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confusingly similar trademarks; or

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[REVISED PROPOSED] ORDER GRANTING A PERMANENT INJUNCTION

CV 13-04353

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ii.

any evidence of future transactions, including products

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and records, relating to the manufacture, importation, sale, offer

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for sale, distribution, transfer, circulation, advertising, marketing,

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or promotion of any products that infringe MAGPUL’S name or

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marks.

6 SO ORDERED on May 8, 2014
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_______________________________________
United States District Judge

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[REVISED PROPOSED] ORDER GRANTING A PERMANENT INJUNCTION

CV 13-04353