Speculative Product Design LLC v. Jeffrey Kaye et al

Filing 35

FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT JEFFREY KAYE by Judge Ronald S.W. Lew against Defendant Jeffrey Kaye in the principal amount of $200,000. Related to: Stipulation for Permanent Injunction 34 . ( MD JS-6. Case Terminated ) (jre)

JS-6

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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SPECULATIVE PRODUCT DESIGN,
LLC, a California Limited Liability
Company d/b/a SPECK PRODUCTS,
Plaintiff,

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Case No.: CV13-07298 RSWL (JCGx)
FINAL JUDGMENT, INCLUDING
PERMANENT INJUNCTION,
AGAINST DEFENDANT
JEFFREY KAYE

v.

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JEFFREY KAYE, an Individual; and
DOES 1-10, Inclusive,

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Defendants.

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The Court, pursuant to the Stipulated Final Judgment, Including Permanent

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Injunction, Against Defendant Jeffrey Kaye, by and between Plaintiff

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SPECULATIVE PRODUCT DESIGN, LLC, a California Limited Liability
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Company d/b/a SPECK PRODUCTS (hereinafter “Plaintiff”), and Defendant

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JEFFREY KAYE (hereinafter “Defendant”), through their respective counsels of

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record, do hereby ORDERS, ADJUDICATES and DECREES that final judgment,

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including permanent injunction, shall be and hereby is entered on the Complaint

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for Damages in the above-referenced 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 his direction, including any and all agents, servants,

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employees, partners, assignees, distributors, suppliers, resellers and any others

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over which they 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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importing, exporting, marketing, selling, offering for sale,

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distributing or dealing in any product or service that uses, or otherwise making

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any use of, any of SPECK’s copyrights, trademarks, patent (“SPECK’s

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Intellectual Property”), and/or any intellectual property, including its SPECK®

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and CANDYSHELL® word and design marks, that is confusingly or substantially

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similar to, or that constitutes a colorable imitation of, any of SPECK’s Intellectual

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Property, whether such use is as, on, in or in connection with any trademark,

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service mark, trade name, logo, design, Internet use, website, domain name,

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metatags, advertising, promotions, solicitations, commercial exploitation,

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television, web-based or any other program, or any product or service, or

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otherwise;

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b.

performing or allowing others employed by or representing

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Defendant, or under his control, to perform any act or thing which is likely to

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injure Plaintiff, any of SPECK’s Intellectual Property, including its SPECK® and

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CANDYSHELL® word and design marks, and/or Plaintiff’s business reputation

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or goodwill, including making disparaging, negative, or critical comments
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regarding Plaintiff or its products;
c.

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engaging in any acts of federal and/or state trademark

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infringement, false designation of origin, unfair competition, trademark dilution,

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copyright infringement, patent infringement, or any other act which would tend

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damage or injure Plaintiff; and/or
d.

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using any Internet domain name or website that includes any of

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SPECK’s Intellectual Property, including but not limited to its SPECK® and

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CANDYSHELL® word and design marks.
2.

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Defendant is ordered to deliver immediately for destruction, at his

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own cost, all unauthorized products, including any counterfeit SPECK®-branded

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and related products, labels, signs, prints, packages, wrappers, receptacles and

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advertisements relating thereto in their possession or under their control bearing

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any of SPECK’s Intellectual Property or any simulation, reproduction, counterfeit,

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copy or colorable imitations thereof, to the extent that any of these items are in

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Defendant’s possession.
3.

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This Final Judgment, including Permanent Injunction, shall be

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deemed to have been served upon Defendant at the time of its execution by the

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Court.

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4.

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 should direct immediate entry of this Permanent Injunction

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against Defendant.

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5.

Defendant shall pay to Plaintiff the sum of Two Hundred Thousand

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Dollars ($200,000.00) on Plaintiff’s Complaint for Damages subject to the terms

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of a separate Confidential Settlement Agreement by and between the parties.

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6.

NO APPEALS AND CONTINUING JURISDICTION.

No

appeals shall be taken from this Permanent Injunction, and the parties waive all

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rights to appeal. This Court expressly retains jurisdiction over this matter to

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enforce any violation of the terms of this Permanent Injunction.

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7.

NO FEES AND COSTS. Each party shall bear its/his/her own

attorneys’ fees and costs incurred in this matter.
IT IS SO ORDERED, ADJUDICATED and DECREED this 21st day of
August, 2014.

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RONALD S.W. LEW
_______________________________
HON. RONALD S. W. LEW
Senior U.S. District Judge

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