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

Filing 76

PERMANENT INJUNCTION against defendants AAE LAX Inc, AAF Frieght LA Corp, GELS Logistics Inc, Xindi John Hu, Tom T Lu, Benson Wai, Juan Xu and Dismissal of Entire Action by Judge Fernando M. Olguin that Defendants, including any and all officers, di rectors, 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. FURTHER ORDERED that upon entry of this Permanent Injunction against Defendants, this case shall be dismissed by the Court in its entirety with the Parties bearing their own attorney fees and costs. (Case CLOSED). (jp)

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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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BEACHBODY, LLC, et al.,

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Plaintiffs,

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

v.

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PERMANENT INJUNCTION
AGAINST DEFENDANTS AAF
FREIGHT (LA) CORP., GELS
LOGISTICS, INC., ALL ACCESS
EXPRESS, INC., AAE LAX, INC.,
BENSON WAI, XINDI “JOHN” HU,
TOM T. LU, AND JUAN XU AND
DISMISSAL OF ENTIRE ACTION

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Honorable Fernando M. Olguin

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

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The Court, pursuant to the Stipulation for Entry of Permanent Injunction and
Dismissal of Entire Action (the “Stipulation”), by and between Plaintiffs
Beachbody, LLC (“Beachbody”) and Bose Corporation (“Bose”) (collectively,
“Plaintiffs”), and Defendants AAF Freight (LA) Corp., GELS Logistics, Inc., All
Access Express, Inc., AAE Lax, Inc., Benson Wai, Xindi “John” Hu, Tom T. Lu,
and Juan Xu (collectively, “Defendants”), filed concurrently herewith, hereby
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PERMANENT INJUNCTION AND DISMISSAL

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ORDERS that a Permanent Injunction shall be and hereby is entered against

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Defendants in the above-referenced matter as follows:

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I.

PERMANENT INJUNCTION. IT IS HEREBTY ORDERED that

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Defendants, including any and all officers, directors, members, agents, servants,

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employees, partners, corporation, limited liability company, parent company,

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subsidiary, affiliates, successors, assignees, and any others over which Defendants

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may exercise control, are hereby restrained and enjoined, pursuant to 15 U.S.C.

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

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

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in the United States: copying, manufacturing, importing, exporting, purchasing,

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

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

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making any use of, any of Plaintiffs’ intellectual properties, including but not

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limited to, the BEACHBODY® (Reg. Nos. 2665151, 2853244, 2862904, and

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2873866), FOCUS T25® (Reg. Nos. 4404411 and 4412310), PIYO® (Reg. Nos.

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4549501 and 4629995), P90X® (Reg. Nos. 3444723 and 3669400), P90X3® (Reg.

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No. 4503107), INSANITY® (Reg. Nos. 3696777 and 4049382), 21 DAY FIX®

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(Reg. Nos. 4506354 and 4580177), and CIZE® (Reg. No. 4860840) word and

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design marks, the BOSE® (Reg. Nos. 0829402 and 3863254), BETTER SOUND

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THROUGH RESEARCH® (Reg. No. 1767324), Engineered for Exercise® (Reg.

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No. 4262660), TRIPORT® (Reg. No. 3060458), STAYHEAR® (Reg. No.

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3878139), interwoven white and black cord design mark (Reg. No. 3497786), and

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contrasting two color swirl pattern cord design mark (Reg. No. 4370745) word and

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design marks, and/or Beachbody’s copyrights in its FOCUS T25 KIT (Reg. No.

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PA0001935094), PIYO KIT (2014) (Reg. No. PA0001929038), P90X3 Kit (2013)

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

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DAY FIX KIT (2014) (Reg. No. PA0001890353), and CIZE KIT (2015) (Reg. No.

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PA0001979283) exercise kits and DVDs (collectively hereinafter “Plaintiffs’
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PERMANENT INJUNCTION AND DISMISSAL

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Intellectual Properties”).
II.

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FORFEITURE OF CURRENT INVENTORY. IT IS FURTHER

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ORDERED that Defendants, including any and all officers, directors, members,

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

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

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which Defendants may exercise control, shall forfeit and deliver to Plaintiffs any

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products in Defendants’ possession, custody, or control bearing or embodying

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Plaintiffs’ Intellectual Properties.

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include any accused exercise kits and DVDs and/or headphones currently in

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Defendants’ possession, custody, or control or and any items which come into

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Defendants’ possession after the effective date of this Permanent Injunction.
III.

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The items affected by this paragraph shall

ENTRY OF THIS PERMANENT INJUNCTION.

IT IS

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FURTHER ORDERED that the Court finds there is no just reason for delay in

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entering this Permanent Injunction against Defendants, and, the Court directs

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immediate entry of this Permanent Injunction against Defendants. This Permanent

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Injunction shall be deemed to have been served upon Defendants at the time of its

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execution by the Court.
IV.

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DISMISSAL OF ENTIRE ACTION.

IT IS FURTHER

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ORDERED that upon entry of this Permanent Injunction against Defendants, this

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case shall be dismissed by the Court in its entirety with the Parties bearing their

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own attorney’s fees and costs.

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///

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PERMANENT INJUNCTION AND DISMISSAL

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V.

RETENTION OF JURISDICTION. IT IS FURTHER ORDERED

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that this Court expressly retains jurisdiction over this matter to enforce any

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violation of the terms of this Permanent Injunction by Defendants.

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IT IS SO ORDERED this 8th day of December, 2016.

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__________________/s/_________________
HON. FERNANDO M. OLGUIN
District Court Judge of the United States
Central District of California

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PERMANENT INJUNCTION AND DISMISSAL