Beachbody LLC et al v. AAF Freight LA Corp. et al

Filing 50

PRELIMINARY INJUNCTION AGAINST ALL NAMED DEFENDANTS by Judge Fernando M. Olguin that Defendants AAF Freight (LA) Corp.; Gels Logistics, Inc.; All Access Express, Inc.; AAE Lax, Inc.; Benson Wai; Xindi John Hu; Tom T. Lu; Juan Xu; and any person or en tity acting in concert with, or at the direction of Defendants, including any and all officers, directors, members, agents, servants, employees, partners, corporation, limited liability company, parent company, subsidiary, affiliates, successors, assignees, and any others over which Defendants may exercise control, are hereby restrained and enjoined. (See attached Preliminary Injunction for further details). (jp)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11

WESTERN DIVISION

12
13

BEACHBODY, LLC, et al.,

14

Plaintiffs,

15

Case No.: 2:15-cv-06452 FMO (PLAx)

v.

16
17

PRELIMINARY INJUNCTION
AGAINST ALL NAMED
DEFENDANTS

AAF FREIGHT (LA) CORP., et al.,

Hon. Fernando M. Olguin

Defendants.

18
19
20
21

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

22

(“Stipulation”), by and between Plaintiffs Beachbody, LLC (“Beachbody”) and

23

Bose Corporation (“Bose”) (collectively, “Plaintiffs”), and Defendants AAF

24

Freight (LA) Corp.; Gels Logistics, Inc.; All Access Express, Inc.; AAE Lax, Inc.;

25

Benson Wai; Xindi “John” Hu; Tom T. Lu; and Juan Xu (collectively,

26

“Defendants”), filed concurrently herewith, hereby ORDERS that a Preliminary

27

Injunction shall be and hereby is entered against Defendants in the above-

28

referenced matter as follows:
-1-

PRELIMINARY INJUNCTION

1

1.

Plaintiffs filed their Complaint naming Defendants, among others,

2

stemming from Defendants’ alleged importation, warehousing, selling and

3

distribution of counterfeit and infringing exercise kits, fitness DVDs, and high

4

definition headphones using Plaintiffs’ federally registered intellectual property.

5

2.

With respect to Plaintiff Beachbody, the Complaint alleges that

6

Defendants’ importation, warehousing, selling and distribution of the accused

7

exercise kits and fitness DVDs constitute infringement of this Plaintiff’s registered

8

trademarks in violation of 15 United States Code (“U.S.C.”) §1114 and

9

infringement of Beachbody’s registered copyrights in violation of 17 U.S.C. §501.

10

3.

With respect to Plaintiff Bose, the Complaint alleges that

11

Defendants’ importation, warehousing, selling and distribution of the accused

12

high definition headphones constitute infringement of this Plaintiff’s registered

13

trademarks in violation of 15 U.S.C. §1114.

14

4.

Plaintiffs and Defendants have stipulated to this Preliminary

15

Injunction without adjudication of any issue of fact or law and without Defendants

16

admitting liability for any of the matters alleged in the Complaint.

17

5.

18

parties hereto.

19

6.

20

The Court has jurisdiction over the subject matter of this case and the

Venue in the Central District of California is proper, and Defendants

have been properly served with process.

21

I.

Preliminary Injunction

22

IT IS ORDERED that Defendants AAF Freight (LA) Corp.; Gels Logistics,

23

Inc.; All Access Express, Inc.; AAE Lax, Inc.; Benson Wai; Xindi “John” Hu;

24

Tom T. Lu; Juan Xu; and any person or entity acting in concert with, or at the

25

direction of Defendants, including any and all officers, directors, members,

26

agents, servants, employees, partners, corporation, limited liability company,

27

parent company, subsidiary, affiliates, successors, assignees, and any others over

28

which Defendants may exercise control, are hereby restrained and enjoined,
-2-

PRELIMINARY INJUNCTION

1

pursuant to 15 U.S.C. §1116(a) and 17 U.S.C. §501, from engaging in, directly or

2

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

3

following activities in the United States:
(1)

4

copying,

manufacturing,

importing,

exporting,

purchasing,

5

marketing, advertising, offering for sale, selling, receiving, storing, fulfilling,

6

distributing or dealing in any product or service that uses, or otherwise making

7

any use of, any of Plaintiffs’ intellectual properties, including but not limited to,

8

the BEACHBODY® (Reg. Nos. 2665151, 2853244, 2862904, and 2873866),

9

FOCUS T25® (Reg. Nos. 4404411 and 4412310), PIYO® (Reg. Nos. 4549501

10

and 4629995), P90X3® (Reg. No. 4503107), INSANITY® (Reg. Nos. 3696777

11

and 4049382), 21 DAY FIX® (Reg. Nos. 4506354 and 4580177), BOSE® (Reg.

12

Nos. 0829402 and 4646414), ACOUSTIC NOISE CANCELLING® (Reg. No.

13

2096548), BOSE FREESTYLE® (Reg. No. 4646414), BETTER SOUND

14

THROUGH RESEARCH® (Reg. No. 1767324), ENGINEERED FOR

15

EXERCISE® (Reg. No. 4428490), QUIETCOMFORT® (Reg. No. 2539951),

16

QC® (Reg. No. 3355350), TRIPORT® (Reg. No. 3060458), STAYHEAR®

17

(Reg. No. 3878139) trademarks and/or Beachbody’s copyrights in its FOCUS T25

18

KIT (Reg. No. PA0001935094), PIYO (Reg. No. PA0001929038), P90X3 (Reg.

19

No. PA0001902813), INSANITY MAX:30 (Reg. No. PA0001961905), and 21

20

DAY FIX (Reg. No. PA0001890353) exercise kits and DVDs (collectively

21

hereinafter “Plaintiffs’ Intellectual Properties”);
(2)

22

using, advertising or displaying Plaintiffs’ Intellectual Properties to

23

suggest that non-genuine exercise kits and DVDs and/or headphones being

24

advertised are manufactured, sponsored or endorsed by Plaintiffs;
(3)

25

owning or controlling any Internet domain name or website that uses

26

any of Plaintiffs’ Intellectual Properties.

27

///

28

///
-3-

PRELIMINARY INJUNCTION

1

II.

Possession of Current Inventory

2

IT IS FURTHER ORDERED that Defendants, and any person or entity

3

acting in concert with, or at the direction of Defendants, including any and all

4

officers, directors, members, agents, servants, employees, partners, corporation,

5

limited liability company, parent company, subsidiary, affiliates, successors,

6

assignees, and any others over which Defendants may exercise control, are hereby

7

restrained and enjoined from directly or indirectly selling, shipping, returning,

8

transferring, distributing, or otherwise disposing of any accused exercise kits and

9

DVDs, headphones and/or advertisements relating thereto, in Defendants’

10

possession and/or under their control. The items affected by this paragraph shall

11

include both items currently in Defendants’ possession and any items which come

12

into Defendants’ possession after the effective date of this Preliminary Injunction.

13

III.

Entry of This Preliminary Injunction

14

IT IS FURTHER ORDERED that the Court finds there is no just reason

15

for delay in entering this Preliminary Injunction against Defendants, and, the

16

Court directs immediate entry of this Preliminary Injunction against Defendants.

17

This Preliminary Injunction shall be deemed to have been served upon Defendants

18

at the time of its execution by the Court.

19

IV.

No Posting of Bond or Other Security Required

20

IT IS FURTHER ORDERED that Plaintiffs do not need to give any

21

security for the issuance of this Preliminary Injunction under Rule 65(c) of the

22

Federal Rules of Civil Procedure or otherwise.

23

///

24

///

25

///

26
27
28
-4-

PRELIMINARY INJUNCTION

1

V.

Retention of Jurisdiction

2

IT IS FURTHER ORDERED that this Court expressly retains jurisdiction

3

over this matter to enforce any violation of the terms of this Preliminary

4

Injunction by Defendants during the pendency of the action.

5
6

IT IS SO ORDERED this 19th day of February, 2016.

7
8
9
10

____________/s/____________________
HON. FERNANDO M. OLGUIN
U.S. District Judge of the United States
Central District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-5-

PRELIMINARY INJUNCTION