Adobe Systems Incorporated v. Los Angeles Computer Department LLC et al

Filing 50

FINAL JUDGMENT INCLUDING PERMANENT INJUNCTION by Judge Percy Anderson: The Court, pursuant to the Stipulation for Entry of Final Judgment, including Permanent Injunction 49 , between Plaintiff Adobe Systems Incorporated on the one hand, and De fendants Los Angeles Computer Department, LLC and LA-Tronics, Inc. on the other hand, hereby ORDERS, ADJUDICATES and DECREES that a final judgment, including permanent injunction, shall be and hereby is entered against Defendants. Plaintiff shall recover from Defendants jointly and severally the sum of $200,000.00 on Plaintiff's complaint. Defendants are hereby restrained and enjoined. Each party shall bear its own fees and costs. The Court hereby terminates the action in its entirety upon entry of this Final Judgment, including Permanent Injunction, against Defendants. (MD JS-6. Case Terminated) (mg)

JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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ADOBE SYSTEMS INCORPORATED, Case No.: 2:15-cv-05549 PA (RAOx)
et al.,
Plaintiff,

FINAL JUDGMENT, INCLUDING
PERMANENT INJUNCTION,
AGAINST DEFENDANTS LOS
ANGELES COMPUTER
DEPARTMENT, LLC AND LATRONICS, INC.

v.
LOS ANGELES COMPUTER
DEPARTMENT, LLC, et al.,

Honorable Judge Percy Anderson

Defendants.

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The Court, pursuant to the Stipulation for Entry of Final Judgment,
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including Permanent Injunction, between Plaintiff Adobe Systems Incorporated
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(“Plaintiff”), on the one hand, and Defendants Los Angeles Computer Department,

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LLC and LA-Tronics, Inc. (“Defendants”), on the other hand, hereby ORDERS,
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ADJUDICATES and DECREES that a final judgment, including permanent
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injunction, shall be and hereby is entered against Defendants on Plaintiff’s
Complaint for Damages filed in this action and Defendants’ proven liability for
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[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION

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trademark and copyright infringement as follows:
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FINAL JUDGMENT.

Plaintiff shall recover from Defendants,

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jointly and severally, the sum of Two Hundred Thousand Dollars ($200,000.00) on

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Plaintiff’s Complaint for Damages including the trademark and copyright

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infringement causes of action raised in Plaintiff’s Motion for Partial Summary

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Judgment and the Court’s Order granting Partial Summary Judgment (ECF Dkt.

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45).

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2.

PERMANENT INJUNCTION. Defendants are hereby restrained

and enjoined from engaging in, directly or indirectly, any of the following
activities in the United States and throughout the world:
(i).

copying,

cloning,

downloading,

importing,

exporting,

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marketing, displaying, purchasing, selling, offering for sale, reproducing,

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acquiring, transferring, brokering, consigning, storing, shipping, licensing,

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developing, delivering, distributing and/or dealing in any product or service that

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uses, or otherwise makes any use of, references or relates to Plaintiff or any of

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Plaintiff’s registered trademarks and copyrights, including but not limited to the

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ADOBE (USPTO, Reg. No. 1,475,793); ADOBE PHOTOSHOP (USPTO, Reg.

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No. 1,651,380); ADOBE PREMIERE (USPTO, Reg. No. 1,769,184);

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PHOTOSHOP (USPTO, Reg. No. 1,850,242); A ADOBE (design mark)

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(USPTO, Reg. No. 1,901,149); A (design mark) (USPTO, Reg. No. 2,081,343);

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Photoshop (USPTO, Reg. No. 2,920,764); ADOBE ILLUSTRATOR (USPTO,

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Reg. No. 1,479,408); FIREWORKS (USPTO, Reg. No. 2,043,911); AFTER

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EFFECTS (USPTO, Reg. No. 1,970,781); ILLUSTRATOR (USPTO, Reg. No.

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2,060,488); DREAMWEAVER (USPTO, Reg. No. 2,294,926); FLASH (USPTO,

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Reg. No. 2,855,434); INDESIGN (USPTO, Reg. No. 2,439,079); READER

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(USPTO, Reg. No. 2,548,832); FLASH BUILDER (USPTO, Reg. No.

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3,857,720); ADOBE ENCORE (USPTO, Reg. No. 2,916,709); ENCORE

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(USPTO, Reg. No. 2,949,766); ADOBE AUDITION (USPTO, Reg. No.
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[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION

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2,861,671); CREATIVE SUITE (USPTO, Reg. No. 3,111,341); PRELUDE

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(USPTO, Reg. No. 4,262,546); and SPEEDGRADE (USPTO, Reg. No.

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4,142,777) registered marks (“Adobe’s Trademarks”), Adobe Creative Suite 6

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Master Collection. (Reg. No. TX0007568685) registered work (“Adobe’s

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Copyrights”), and/or any intellectual property that is confusingly or substantially

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similar to, or that constitutes a colorable imitation of, references or relates to

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Plaintiff or any of Adobe’s Trademarks and Adobe’s Copyrights (collectively,

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“Adobe’s Trademarks and Copyrights”) except where the above actions are

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performed in accordance with the use and terms of validly licensed and registered

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Adobe software;

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(ii).

using Adobe’s Trademarks and Copyrights, in commerce,

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and/or any other intellectual property that is confusingly or substantially similar to,

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or that constitutes a colorable imitation of, any of Adobe’s Trademarks and

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Copyrights, whether such use is as, on, in or in connection with any trademark,

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service mark, trade name, logo, design, Internet use, website, domain name,

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metatags,

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television, web-based or any other program, or any product or service, or otherwise

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except where the above actions are performed in accordance with the use and terms

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of validly licensed and registered Adobe software;

advertising,

promotions,

solicitations,

commercial

exploitation,

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(iii). copying or downloading, other than for personal or business use

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of a validly licensed and registered software, any of Plaintiff’s ADOBE®-branded

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software programs bearing and/or comprised of Adobe’s Trademarks and

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Copyrights;

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(iv). engaging in any acts of federal trademark infringement, false

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designation of origin, unfair competition, dilution, federal copyright infringement,

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unfair competition, or other act which would tend damage or injure Plaintiff;

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and/or

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///
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[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION

(v).

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using any Internet domain name or website that unlawfully

includes any of Adobe’s Trademarks and Copyrights.
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This Permanent Injunction shall be deemed to have been served upon

Defendants at the time of its execution by the Court.
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The Court finds there is no just reason for delay in entering this

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Permanent Injunction against Defendants, and, pursuant to Rule 54(a) of the

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Federal Rules of Civil Procedure, the Court directs immediate entry of this

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Permanent Injunction against Defendants.

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5.

NO APPEALS AND CONTINUING JURISDICTION.

No

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appeals shall be taken from this Final Judgment, including Permanent Injunction,

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against Defendants, and Plaintiff and Defendants waive all rights to appeal. This

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Court expressly retains jurisdiction over this matter to enforce any violation of the

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Permanent Injunction, by Defendants.

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NO FEES AND COSTS. Each party shall bear its own attorneys’

fees and costs incurred in this matter.
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TERMINATION OF THE ACTION. The Court hereby terminates

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the action in its entirety upon entry of this Final Judgment, including Permanent

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Injunction, against Defendants.

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IT IS SO ORDERED, ADJUDICATED and DECREED this 2nd day of
May, 2016.
_______________________________
HON. PERCY ANDERSON
United States District Judge
Central District of California

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[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION