Beats Electronics, LLC v. David Heintz et al

Filing 27

FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT DAVID HEINTZ by Judge Percy Anderson: Upon Stipulation 26 , The Court ORDERS, ADJUDICATES, and DECREES that final judgment, including permanent injunction, shall be and hereby is ente red on the Complaint for Damages in the matter as follows: Defendant David Heintz and any person or entity acting on concert with, or at his direction, including any and all agents, servants, employees, partners, assignees, distributors, suppliers, r esellers and any others over which he may exercise control, shall forever cease and refrain from using, and shall not authorize any third party to use, any of Plaintiff's trademarks, or any Intellectual Property, etc. Defendant shall pay to Plai ntiff the sum of $200,000.00 on Plaintiff's Complaint for Damages subject to the terms of a separate Confidential Settlement Agreement by and between the parties. Each Party shall bear their own attorney's fees and costs incurred in this matter. See document for details. (MD JS-6. Case Terminated) (gk)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No.: CV13-08824 PA (ASx)

BEATS ELECTRONICS, LLC, a
Delaware Limited Liability Company,

[PROPOSED] FINAL JUDGMENT,
INCLUDING PERMANENT
INJUNCTION, AGAINST
DEFENDANT DAVID HEINTZ

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Plaintiff,
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v.
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DAVID HEINTZ, an Individual; and
DOES 1-10, Inclusive,

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Defendants.

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The Court, pursuant to the Stipulation for Entry of Final Judgment,

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Including

Permanent

Injunction,

by

and

between

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ELECTRONICS, LLC (“Plaintiff”), through its counsel of record, and Defendant

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DAVID HEINTZ (“Defendant”), in pro se, do hereby ORDERS, ADJUDICATES,

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and DECREES that final judgment, including permanent injunction, shall be and
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Plaintiff

BEATS

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hereby is entered on the Complaint for Damages in the above-referenced matter as

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follows:

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1.

PERMANENT INJUNCTION. Pursuant to 15 U.S.C. § 1116,

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Defendant and any person or entity acting on concert with, or at his direction,

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including any and all agents, servants, employees, partners, assignees, distributors,

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suppliers, resellers and any others over which he may exercise control, shall

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forever cease and refrain from using, and shall not authorize any third party to use,

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any of Plaintiff’s trademarks, or any Intellectual Property that is confusingly or

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substantially similar to, or that constitutes a colorable imitation of, any of

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Plaintiff’s trademarks. Defendant shall hereby forever forebear, cease, and be

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permanently enjoined from engaging in, committing, or performing, directly or

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indirectly, all of the following acts:

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a.

copying, manufacturing, importing, exporting, marketing,

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selling, offering for sale, distributing or dealing in any product or service that

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uses, or otherwise makes any use of, any Plaintiff’s trademarks, and/or any

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Intellectual Property that is confusingly or substantially similar to, or that

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constitutes a colorable imitation of, any of Plaintiff’s trademarks, whether such

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use is as, on, in or in connection with any trademark, service mark, trade name,

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logo, design, Internet use, website, domain name, metatags, advertising,

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promotions, solicitations, commercial exploitation, television, web-based or any

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other program, or any product or service, or 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 Plaintiff’s trademarks, and/or Plaintiff’s business

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reputation or goodwill, including making disparaging, negative, or critical

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comments regarding Plaintiff or its products;

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c.

engaging in any acts of federal and/or state trademark and/or

false designation of origin, unfair competition, dilution, or other act which would
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tend to damage or injure Plaintiff; and/or
d.

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using, operating, owning, or controlling any Internet domain

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name or website that includes any of Plaintiff’s trademarks, including but not

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limited to Plaintiff’s Beats® and Beats by Dr. Dre® marks.
2.

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Defendant is ordered to deliver immediately for destruction all

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unauthorized and/or counterfeit products, including labels, signs, prints, packages,

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wrappers, receptacles and advertisements related thereto in Defendant’s

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possession or control bearing any of Plaintiff’s trademarks, intellectual properties,

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or simulations, reproductions, counterfeits, copies or colorable imitations thereof,

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and all plates, molds, heat transfers, screens, matrices, or any other means of

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making the same, to the extent that nay of these items are in Defendant’s

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possession and/or control.
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 ($200,00.00) on Plaintiff’s Complaint for Damages subject to the terms of

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a separate Confidential Settlement Agreement by and between the parties.

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6.

NO APPEALS AND CONTINUING JURIDICTION. No appeals

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shall be taken from this Final Judgment, including Permanent Injunction, and the

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parties waive all rights to appeal. This Court expressly retains jurisdiction over

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this matter to enforce any violation of the terms of this Final Judgment, and the

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Permanent Injunction herein.

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///
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7.

NO FEES AND COSTS. Each Party shall bear their own attorney’s

fees and costs incurred in this matter.
IT IS SO ORDERED, ADJUDICATED, and DECREED this 9th day of
April, 2014.

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By: ________________________________
HON. PERCY ANDERSON
United States District Court Judge

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