Simpler Trading, LLC et al v. Dan Hoang Tran
Filing
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STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Dale S. Fischer. Stipulation for Judgment 32 (MD JS-6, Case Terminated). See Stipulated Final Judgment For Specifics. (bp)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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11 SIMPLER TRADING, LLC dba
SIMPLER OPTIONS, a Texas limited
12 liability company; JM3
PRODUCTIONS, INC. dba TRADE
13 THE MARKETS, a Texas corporation;
and JOHN CARTER,
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Plaintiffs,
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v.
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DAN HOANG TRAN, aka TA DA, aka
17 MARKAY LATIMER, aka CHRIS
TATE, et al.; and DOES 1 through 10,
18 inclusive,
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Case No. 2:14-cv-06405-DSF-MRW
STIPULATED FINAL JUDGMENT
AND PERMANENT INJUNCTION
Defendants.
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Plaintiffs SIMPLER TRADING, LLC dba SIMPLER OPTIONS ("SO"); JM3
24 PRODUCTIONS, INC. dba TRADE THE MARKETS (“TTM”); and JOHN
25 CARTER (“CARTER”); and Defendant DAN HOANG TRAN, aka TA DA
26 ("TRAN"), having entered into a Stipulation for Entry of Final Judgment and
27 Permanent Injunction:
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IT IS ORDERED, ADJUDGED AND DECREED:
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1.
This Court has jurisdiction of the subject matter hereof and the parties
3 hereto for purposes of these proceedings and this Judgment.
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Venue is proper in this Court.
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The injunctive provisions of this Judgment shall apply to Defendant
6 TRAN, as well as his agents, employees, successors and assigns, and all other
7 persons acting under the direction of, in concert with, or affiliated with him.
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4.
TTM and SO are web-based businesses that provide analyses and
9 educational content regarding financial markets through their respective websites,
10 www.simplereoptions.com and www.tradethemarkets.com. Their products include
11 webinars, DVDs, written materials, and videos—many of which feature John
12 Carter— that constitute copyrighted and copyrightable products (“Plaintiffs’
13 Works”).
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Additionally, SO is also the owner and registrant of the service mark
15 “Simpler Options” (the “Mark”), which is published on the Principal Register as
16 Serial Number 85653122.
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Defendant TRAN violated Plaintiffs’ rights under the common law, the
18 Copyright Act, the Lanham Act, and California Business and Professions Code
19 § 17200, et seq by making and selling unauthorized, counterfeit copies of Plaintiffs’
20 Works and using Plaintiffs’ Mark without authorization and identifying a false
21 designation of origin and/or false description of the goods or services.
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Defendant TRAN also violated Plaintiff Carter’s rights under
23 California Civil Code section 3344 by using Carter’s name, voice, photograph, and
24 likeness for advertising, selling, and/or soliciting purposes without authorization.
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8.
Defendant TRAN, as well as his agents, employees, successors and
26 assigns, and all other persons acting under the direction of, in concert with, or
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1 affiliated with him, shall be and are permanently ENJOINED and RESTRAINED
2 from:
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(a) subscribing to any TTM or SO websites or services;
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(b) purchasing any products or services from SO or TTM;
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(c) exploiting, marketing, featuring, displaying, or in any way using any
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trade name, trademark, trade dress, or logo of SO or TTM, including
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but not limited to “Simpler Options,” “Trade the Markets,” “TTM,”
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and Fibonacci Queen.”
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(d) in any way suggesting or representing that SO, TTM, or Carter are
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in any way associated with or endorses Defendant Tran or any
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commercial enterprise or activity of Tran;
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(e) selling, marketing, offering, trading in, copying, producing,
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reproducing or in any way exploiting or using any Plaintiffs’ Works
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or any works derivative of any Plaintiffs’ Works;
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(f) selling, marketing, offering, trading in, copying, producing,
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reproducing or in any way using or exploiting Carter’s image,
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likeness, or voice;
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(g) assisting, aiding, or abetting any other person or business entity in
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engaging in or performing any of the foregoing activities.
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Defendant Tran shall take all actions necessary to effectuate the foregoing.
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SO is granted a monetary award in the total amount of $60,000,
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(a)
Actual damages of $20,000;
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(b)
Exemplary damages of $10,000; and
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(c)
Attorneys’ fees, costs and expenses in the amount of $30,000.
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Nonexclusive jurisdiction is retained by the Court for the purpose of
2 enabling any party to the Judgment to apply to the Court at any time for such further
3 orders and directions as may be necessary or appropriate for the construction or the
4 carrying out of this Judgment, for the modification of the injunctive provisions
5 hereof, for enforcement of compliance herewith, and for the punishment of
6 violations hereof, if any.
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IT IS SO ORDERED.
DATED: 11/30/15
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Hon. Dale S. Fischer
UNITED STATES DISTRICT JUDGE
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