Sean Park v. A'gaci, LLC et al

Filing 41

JUDGMENT by Judge Fernando M. Olguin. IT IS ADJUDGED that: 1. Default judgment shall be entered in favor of plaintiff Sean Park and against defendants A'gaci, LLC, Beyond Trends, Inc. dba Beyond Trends Store, and Eung Weol Han dba Hammer Graphic aka Magic Graphic, jointly and severally, in thetotal amount of $3,000.00 in statutory damages under 17 USC 504(c)(1). Defendants A'gaci,Beyond Trends, and Han are also ordered to pay pre-judgment and post-judgment interest, as wellas cost s in the amount of $1,245.75 and attorneys fees in the amount of $500.00.2. Default judgment shall also be entered in favor of plaintiff Sean Park and againstdefendant Han Clothing, Inc. dba The Classic), in the total amount of $1,500. 00 in statutory damages under 17 USC 504(c)(1). Defendant Classic is also ordered to pay pre-judgment and post-judgment interest, as well as costs in the amount of $1,245.75 and attorney's fees in the amount of $350.00. (3) Defendants A'gaci, Beyond Trends, Han, Classic, and their officers, agents, servants and employees and any persons in active concert or participation with them are permanently restrained and enjoined. (MD JS-6, Case Terminated). (jp)

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1 2 3 4 JS-6 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SEAN PARK, 12 13 14 Plaintiff, v. A’GACI, LLC, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) ) Case No. CV 14-6867 FMO (JCx) JUDGMENT 16 17 18 Pursuant to the Court’s Orders Re: Plaintiffs’ Application for Default Judgment, IT IS ADJUDGED that: 19 1. Default judgment shall be entered in favor of plaintiff Sean Park and against defendants 20 A’gaci, LLC (“A’gaci”), Beyond Trends, Inc. d/b/a Beyond Trends Store (“Beyond Trends”), and 21 Eung Weol Han d/b/a Hammer Graphic a/k/a Magic Graphic (“Han”), jointly and severally, in the 22 total amount of $3,000.00 in statutory damages under 17 U.S.C. § 504(c)(1). Defendants A’gaci, 23 Beyond Trends, and Han are also ordered to pay pre-judgment and post-judgment interest, as well 24 as costs in the amount of $1,245.75 and attorney’s fees in the amount of $500.00. 25 2. Default judgment shall also be entered in favor of plaintiff Sean Park and against 26 defendant Han Clothing, Inc. d/b/a The Classic (“Classic”), in the total amount of $1,500.00 in 27 statutory damages under 17 U.S.C. § 504(c)(1). Defendant Classic is also ordered to pay pre- 28 1 judgment and post-judgment interest, as well as costs in the amount of $1,245.75 and attorney’s 2 fees in the amount of $350.00. 3 3. Defendants A’gaci, Beyond Trends, Han, Classic, and their officers, agents, servants 4 and employees and any persons in active concert or participation with them are permanently 5 restrained and enjoined from infringing upon the Copyrighted Design, either directly or 6 contributorily, in any manner, including but not limited to: 7 (A) Manufacturing, importing, purchasing, distributing, advertising, offering for sale, 8 and/or selling any products which bear marks identical and/or confusingly similar to 9 the Copyrighted Design; 10 (B) Using the Copyrighted Design or any reproduction, counterfeit, copy or colorable 11 imitation thereof in connection with the manufacture, importation, distribution, 12 advertisement, offer for sale and/or sale of merchandise; 13 (C) Passing off, inducing or enabling others to sell or pass off any products or other 14 items that are not plaintiff’s genuine merchandise as genuine merchandise bearing 15 plaintiff’s Copyrighted Design; 16 (D) Committing any other acts calculated to cause purchasers to believe that 17 defendants A’gaci, Beyond Trends, Han, and Classic’s products are genuine 18 merchandise bearing plaintiff’s Copyrighted Design unless they are such; 19 (E) Shipping, delivering, holding for sale, distributing, returning, transferring or otherwise 20 moving, storing or disposing of in any manner items falsely bearing the Copyrighted 21 Design, or any reproduction, counterfeit, copy or colorable imitation thereof. 22 (F) Assisting, aiding or attempting to assist or aid any other person or entity in 23 performing any of the prohibited activities referred to in Paragraphs (A) to (E) above. 24 4. Plaintiffs shall serve defendant with a copy of this Judgment in such a manner as to 25 make them operative in any future proceedings. 26 Dated this 26th day of January, 2015 27 /s/ Fernando M. Olguin United States District Judge 28 2

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