Microsoft Corporation v. Customer Focus Services LLC et al

Filing 54

PERMANENT INJUNCTION AS TO CUSTOMER FOCUS SERVICES, LLC d/b/a OMNITECH SUPPORT, FIXNOW TECH AND TECHSUPPORT PRO; MARC HABERMAN; RACHEL EILAT HABERMAN; AND C-CUBED SOLUTIONS PRIVATE LIMITED by Judge Percy Anderson. Without any admission of liability and in settlement of this litigation, Defendants, along with each of their directors, principals, officers, representatives, successors, agents, assigns, and each of them, and all those persons or entities acting in concert or participation with them now or in the future, shall be and hereby are PERMANENTLY ENJOINED. (See attached document for details.) (MD JS-6. Case Terminated) (lom)

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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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MICROSOFT CORPORATION,

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Case No. 14-CV-09667-PA (AGR)

Plaintiff,

[Assigned to the Hon. Percy Anderson]

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v.

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CUSTOMER FOCUS SERVICES,
LLC, a California limited liability
company, d/b/a OMNITECH
SUPPORT, FIXNOW TECH and
TECHSUPPORT PRO; MARC
HABERMAN, an individual; RACHEL
EILAT HABERMAN, an individual;
C-CUBED SOLUTIONS PRIVATE
LIMITED, a private business company
formed under the laws of India;
ANYTIME TECHIES, LLC, a Florida
limited liability company, d/b/a V
TECH SUPPORTS, MY TECH
SUPPORTS and WINDOWS SET
GET SOLUTION, and DOES 1-10,
inclusive,

PERMANENT INJUNCTION AS TO
CUSTOMER FOCUS SERVICES,
LLC d/b/a OMNITECH SUPPORT,
FIXNOW TECH AND
TECHSUPPORT PRO; MARC
HABERMAN; RACHEL EILAT
HABERMAN; AND C-CUBED
SOLUTIONS PRIVATE LIMITED

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Defendants.

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WHEREAS, Plaintiff Microsoft Corporation (“Microsoft”) and Defendants

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Customer Focus Services, LLC d/b/a Omnitech Support, Fixnow Tech and

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Techsupport Pro, Marc Haberman, Rachel Eliat Haberman, and C-Cubed Solutions

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Private Limited (“Defendants”) have agreed in a separate confidential agreement to
PERMANENT INJUNCTION

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settle this Action and to the entry of this Permanent Injunction, it is hereby

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ORDERED, ADJUDICATED AND DECREED AS FOLLOWS:

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Microsoft is the owner of, among others, the following trademarks identified

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by United States Patent and Trademark Office Registration Numbers: 1,200,236,

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1,673,353; 1,684,033; 2,285,870; 2,163,597; 1,689,468; 1,966,382; 2,637,360;

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2,198,155; 2,843,964; 2,198,153; 2,198,156; 2,198,154; 2,337,072; 2,250,973;

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2,872,708; 1,872,264; 1,989,386; 2,559,402; 2,212,784; 2,463,510; 2,463,526;

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2,463,509; 2,565,965; 4,407,849; 3,625,391; 2,738,877; 2,730,599; 2,778,616;

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2,744,84; 2,698,734; 2,778,617; 4,400,958; 4,448,380; 3,160,976; 2,188,125;

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4,255,129; 4,423,056; 3,905,560; 4,355,446; 3,263,303; 2,640,357; and 2,640,353

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(the “Microsoft Marks”).

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Defendants deny the allegations of the Complaint and admit no wrongdoing

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whatsoever. Without any admission of liability and in settlement of this litigation,

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Defendants, along with each of their directors, principals, officers, representatives,

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successors, agents, assigns, and each of them, and all those persons or entities

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acting in concert or participation with them now or in the future, shall be and

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hereby are PERMANENTLY ENJOINED and restrained from:

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a. Using the Microsoft Marks in connection with Defendants’ goods,

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marketing, advertising, or promotional materials, or otherwise in

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connection with Defendants’ business;
b. Using confusingly similar variations of the Microsoft Marks causing

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likelihood of confusion, deception, and/or mistake as to the source,

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nature, and/or quality of Defendants’ goods or services;

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c. Otherwise infringing the Microsoft Marks;

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d. Falsely designating the origin of Defendants’ goods; and/or

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e. Causing likelihood of confusion, deception, and/or mistake as to the

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source, nature, and/or quality of Defendants’ goods or services.

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2.

Nothing herein shall preclude Defendants from truthfully advertising
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PERMANENT INJUNCTION

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or representing that they provide technical support services for Microsoft products.
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As the Court has personal jurisdiction over Defendants, this Permanent

Injunction enjoins the conduct of Defendants wherever they may be found.
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This Permanent Injunction shall bind Defendants. Defendants shall

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provide a copy of this Permanent Injunction to their officers, agents, employees,

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principals, shareholders, and members.

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PURSUANT TO STIPULATION AND WITHOUT ANY FINDING OF
LIABILITY, IT IS SO ORDERED.

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Dated:

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Judge of United States District Court

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PERMANENT INJUNCTION

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MICROSOFT CORPORATION,

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Case No. 14-CV-09667-PA (AGR)

Plaintiff,

[Assigned to the Hon. Percy Anderson]

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v.

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CUSTOMER FOCUS SERVICES,
LLC, a California limited liability
company, d/b/a OMNITECH
SUPPORT, FIXNOW TECH and
TECHSUPPORT PRO; MARC
HABERMAN, an individual; RACHEL
EILAT HABERMAN, an individual;
C-CUBED SOLUTIONS PRIVATE
LIMITED, a private business company
formed under the laws of India;
ANYTIME TECHIES, LLC, a Florida
limited liability company, d/b/a V
TECH SUPPORTS, MY TECH
SUPPORTS and WINDOWS SET
GET SOLUTION, and DOES 1-10,
inclusive,

PERMANENT INJUNCTION AS TO
CUSTOMER FOCUS SERVICES,
LLC d/b/a OMNITECH SUPPORT,
FIXNOW TECH AND
TECHSUPPORT PRO; MARC
HABERMAN; RACHEL EILAT
HABERMAN; AND C-CUBED
SOLUTIONS PRIVATE LIMITED

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Defendants.

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WHEREAS, Plaintiff Microsoft Corporation (“Microsoft”) and Defendants

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Customer Focus Services, LLC d/b/a Omnitech Support, Fixnow Tech and

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Techsupport Pro, Marc Haberman, Rachel Eliat Haberman, and C-Cubed Solutions

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Private Limited (“Defendants”) have agreed in a separate confidential agreement to
PERMANENT INJUNCTION

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settle this Action and to the entry of this Permanent Injunction, it is hereby

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ORDERED, ADJUDICATED AND DECREED AS FOLLOWS:

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Microsoft is the owner of, among others, the following trademarks identified

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by United States Patent and Trademark Office Registration Numbers: 1,200,236,

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1,673,353; 1,684,033; 2,285,870; 2,163,597; 1,689,468; 1,966,382; 2,637,360;

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2,198,155; 2,843,964; 2,198,153; 2,198,156; 2,198,154; 2,337,072; 2,250,973;

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2,872,708; 1,872,264; 1,989,386; 2,559,402; 2,212,784; 2,463,510; 2,463,526;

8

2,463,509; 2,565,965; 4,407,849; 3,625,391; 2,738,877; 2,730,599; 2,778,616;

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2,744,84; 2,698,734; 2,778,617; 4,400,958; 4,448,380; 3,160,976; 2,188,125;

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4,255,129; 4,423,056; 3,905,560; 4,355,446; 3,263,303; 2,640,357; and 2,640,353

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(the “Microsoft Marks”).

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Defendants deny the allegations of the Complaint and admit no wrongdoing

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whatsoever. Without any admission of liability and in settlement of this litigation,

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Defendants, along with each of their directors, principals, officers, representatives,

15

successors, agents, assigns, and each of them, and all those persons or entities

16

acting in concert or participation with them now or in the future, shall be and

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hereby are PERMANENTLY ENJOINED and restrained from:

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a. Using the Microsoft Marks in connection with Defendants’ goods,

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marketing, advertising, or promotional materials, or otherwise in

20

connection with Defendants’ business;
b. Using confusingly similar variations of the Microsoft Marks causing

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22

likelihood of confusion, deception, and/or mistake as to the source,

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nature, and/or quality of Defendants’ goods or services;

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c. Otherwise infringing the Microsoft Marks;

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d. Falsely designating the origin of Defendants’ goods; and/or

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e. Causing likelihood of confusion, deception, and/or mistake as to the

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source, nature, and/or quality of Defendants’ goods or services.

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2.

Nothing herein shall preclude Defendants from truthfully advertising
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PERMANENT INJUNCTION

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3
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or representing that they provide technical support services for Microsoft products.
3.

As the Court has personal jurisdiction over Defendants, this Permanent

Injunction enjoins the conduct of Defendants wherever they may be found.
4.

This Permanent Injunction shall bind Defendants. Defendants shall

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provide a copy of this Permanent Injunction to their officers, agents, employees,

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principals, shareholders, and members.

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PURSUANT TO STIPULATION AND WITHOUT ANY FINDING OF
LIABILITY, IT IS SO ORDERED.

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Dated: December 3, 2015

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Judge of United States District Court

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PERMANENT INJUNCTION