Adobe Systems Incorporated v. Digisoft LLC et al

Filing 24

PRELIMINARY INJUNCTION by Judge Philip S. Gutierrez: The Court, pursuant to the Stipulation for Entry of Preliminary Injunction Against Defendant Digisoft, LLC ("Stipulation"), entered between Plaintiff ADOBE SYSTEMS INCORPORATED ("P laintiff") and Defendant DIGISOFT, LLC ("Defendant"), hereby ORDERS, ADJUDICATES, and DECREES that a preliminary injunction shall be and hereby is entered pending resolution of this matter against Defendant as follows: PRELIMINARY INJ UNCTION. Defendant and any person or entity acting in concert with, or at its direction, including any and all officers, directors, agents, servants, employees, and any others over which it may exercise control, are h ereby restrained and enjoined from engaging in, directly or indirectly,or authorizing or assisting any third party to engage in, any of the following activities: (see document for further details) (bm)

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E-FILED 12/1/14

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ADOBE SYSTEMS INCORPORATED,
a Delaware Corporation,

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[PROPOSED] PRELIMINARY
INJUNCTION

Plaintiff,

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Case No.: 2:14-cv-05368-PSG-CW

v.
DIGISOFT, LLC, a Washington Limited
Liability Company; and DOES 1-10,
Inclusive,
Defendants.

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The Court, pursuant to the Stipulation for Entry of Preliminary Injunction

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Against Defendant Digisoft, LLC (“Stipulation”), entered between Plaintiff

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ADOBE SYSTEMS INCORPORATED (“Plaintiff”) and Defendant DIGISOFT,

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LLC (“Defendant”), hereby ORDERS, ADJUDICATES, and DECREES that a

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preliminary injunction shall be and hereby is entered pending resolution of this
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[PROPOSED] PRELIMINARY INJUNCTION

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matter against Defendant as follows:
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PRELIMINARY INJUNCTION.

Defendant and any person or

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entity acting in concert with, or at its direction, including any and all officers,

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directors, agents, servants, employees, and any others over which it may exercise

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control, are hereby restrained and enjoined from engaging in, directly or indirectly,

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or authorizing or assisting any third party to engage in, any of the following

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activities:

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a.

importing, exporting, downloading, uploading, 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 making any use of, any of Plaintiff’s Trademarks or

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Copyrights, including but not limited to ADOBE® ACROBAT®, CREATIVE

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SUITE®, DREAMWEAVER®, FLASH®, FIREWORKS®, ILLUSTRATOR®,

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INDESIGN®, and PHOTOSHOP® marks and works, and/or any Intellectual

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Property that is confusingly or substantially similar to, or that constitutes a

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colorable imitation of, any of Plaintiff’s Trademarks and Copyrights, whether

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

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name, logo, design, Internet use, website, domain name, meta tags, 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. A list of Plaintiff’s

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registered trademarks is attached and incorporated by reference herein as Exhibit

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“A” (collectively referred to herein as “Plaintiff’s Trademarks”).

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Plaintiff’s registered copyrights is attached and incorporated herein as Exhibit

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“B” (collectively referred to herein as “Plaintiff’s Copyrights”);

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b.

A list of

importing, exporting, downloading, uploading, marketing,

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selling, offering for sale, distributing or dealing in any activation codes, keys, or

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serial numbers relating to any of Plaintiff’s purported Trademarks or Copyrights,

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including but not limited to ADOBE® ACROBAT®, CREATIVE SUITE®,

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DREAMWEAVER®,

FLASH®,

FIREWORKS®,

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[PROPOSED] PRELIMINARY INJUNCTION

ILLUSTRATOR®,

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INDESIGN®, and PHOTOSHOP® marks and works, and/or any Intellectual

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Property that is confusingly or substantially similar to, or that constitutes a

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colorable imitation of, any of Plaintiff’s Trademarks or Copyrights;

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c.

importing, exporting, downloading, uploading, 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 making any use of, any Original Equipment Manufacturer

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(“OEM”), educational or academic (“EDU”), government, foreign-made, Volume

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Licensing, or Adobe Employee Software Purchasing Program software, activation

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keys, code, or serial numbers relating to Plaintiff’s Trademarks or Copyrights,

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including but not limited to ADOBE® ACROBAT®, CREATIVE SUITE®,

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DREAMWEAVER®,

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INDESIGN®, and PHOTOSHOP® marks and works;

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d.

FLASH®,

FIREWORKS®,

ILLUSTRATOR®,

maintaining active for downloading purposes any servers,

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computer terminals and/or portals, or any electronic storage medium containing

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any of Plaintiff’s Trademarks and Copyrights, including but not limited to

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ADOBE® ACROBAT®, CREATIVE SUITE®, DREAMWEAVER®, FLASH®,

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FIREWORKS®, ILLUSTRATOR®, INDESIGN®, and PHOTOSHOP® marks

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and works, and/or any Intellectual Property that is confusingly or substantially

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

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Trademarks or Copyrights;

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e.

performing or allowing others employed by or representing

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them, or under their control, to perform any act or thing which is likely to injure

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Plaintiff, any of Plaintiff’s Trademarks or Copyrights, including but not limited to

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ADOBE® ACROBAT®, CREATIVE SUITE®, DREAMWEAVER®, FLASH®,

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FIREWORKS®, ILLUSTRATOR®, INDESIGN®, and PHOTOSHOP® marks

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and works, and/or Plaintiff’s business reputation or goodwill, including making

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disparaging, negative, or critical comments regarding Plaintiff or its products;

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[PROPOSED] PRELIMINARY INJUNCTION

f.

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engaging in any conduct that falsely represents that, or is likely

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to confuse, mislead, or deceive purchasers, customers, or members of the public to

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believe that Defendant itself is connected with, is in some way sponsored by or

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affiliated with, purchases products from, or otherwise has a business relationship

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with Plaintiff;
g.

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hiding, disposing of, destroying, moving, relocating, or

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transferring any and all products, advertising, promotional materials, or packaging

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bearing and/or comprised of any of Plaintiff’s Trademarks or Copyrights,

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including but not limited to the ADOBE® ACROBAT®, CREATIVE SUITE®,

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DREAMWEAVER®,

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INDESIGN®, and PHOTOSHOP® marks and works, and/or any Intellectual

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Property that is confusingly or substantially similar to, or that constitutes a

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colorable imitation of, any of Plaintiff’s Trademarks or Copyrights;
h.

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FLASH®,

FIREWORKS®,

ILLUSTRATOR®,

hiding, disposing of, destroying, moving, relocating, or

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transferring any and all business records, specifically including any accountings,

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sales and supply logs, customer journals, ledgers, invoices, and purchase orders,

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concerning Defendant’s import, export, download, upload, marketing, sale, offer

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for sale, distribution or dealing in any product or service that uses, or otherwise

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making any use of, any of Plaintiff’s Trademarks or Copyrights, including but not

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limited

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DREAMWEAVER®,

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INDESIGN®, and PHOTOSHOP® marks and works, and/or any Intellectual

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Property that is confusingly or substantially similar to, or that constitutes a

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colorable imitation of, any of Plaintiff’s Trademarks or Copyrights;

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to

i.

the

ADOBE®
FLASH®,

ACROBAT®,

CREATIVE

FIREWORKS®,

SUITE®,

ILLUSTRATOR®,

hiding, disposing of, destroying, moving, relocating, or

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transferring any and all computers, tablets, servers, blade, electronic storage

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devices, data, meta data, electronic storage media, disks, CDs, DVDs, drives, flash

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drives, hard drives, or related computer systems that include, denote, contain,
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[PROPOSED] PRELIMINARY INJUNCTION

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possess, maintain and/or are used to transfer any software, computer source code,

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computer information, decrypted code, directories, files, libraries, and any related

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data that relate (either directly or indirectly) to Plaintiff’s Trademarks or

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Copyrights; and
j.

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using any Internet domain name that includes any of Plaintiff’s

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Trademarks or Copyrights, including but not limited to the ADOBE®

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ACROBAT®,

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FIREWORKS®, ILLUSTRATOR®, INDESIGN®, and PHOTOSHOP® marks

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and works.
2.

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CREATIVE

SUITE®,

DREAMWEAVER®,

FLASH®,

This Preliminary Injunction shall cover Defendant’s activities

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through any and all sales channels, including but not limited to brick-and-mortar

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stores, eBay, iOffer, Craigslist, the website located at digisoftstore.com, the

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website located at genuine-products.com, and any and all other websites,

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platforms or sales channels.
3.

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If Defendant believes any product was specifically authorized for

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resale by Plaintiff, Defendant shall first present such evidence to Adobe and/or the

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Court. Adobe and/or the Court will determine whether any such products may be

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deemed excluded from this Preliminary Injunction.

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4.

Defendant is ordered to deliver to Plaintiff an accounting of all

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purported ADOBE® products in their possession or under their control bearing

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and/or comprised of any of Plaintiff’s Trademarks or Copyrights, including but

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not

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DREAMWEAVER®,

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INDESIGN®, and PHOTOSHOP® marks and works, and/or any Intellectual

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Property that is confusingly or substantially similar to, or that constitutes a

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colorable imitation of, any of Plaintiff’s Trademarks or Copyrights.

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limited

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to

the

ADOBE®
FLASH®,

ACROBAT®,

CREATIVE

FIREWORKS®,

SUITE®,

ILLUSTRATOR®,

Plaintiff shall not be required to post a bond relating to the entry of

this Stipulated Preliminary Injunction.
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[PROPOSED] PRELIMINARY INJUNCTION

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The Preliminary Injunction shall expire upon the termination of this

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Action, the voluntary dissolution by the Parties, or the entry of a Permanent

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Injunction. The Preliminary Injunction is entered without prejudice to the rights

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of either party to make a motion to modify or vacate the Preliminary Injunction at

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any time for any reason.

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This Preliminary Injunction shall be deemed to have been served

upon Defendant at the time of its execution and entry by the Court.
PURSUANT TO THE STIPULATION, IT IS SO ORDERED, and
DECREED this ______ day of _____________, 2014.
1st
December

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______________________________
HON. PHILIP S. GUTIERREZ
United States Senior District Judge
Central District of California

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[PROPOSED] PRELIMINARY INJUNCTION