Red Star Traders, LLC v. Abbyson Living Corporation et al

Filing 41

FINAL ORDER AND ISSUANCE OF PERMANENT INJUNCTION by Judge Andre Birotte Jr.: Upon Stipulated Request 40 , IT IS HEREBY ORDERED that Defendant Abbyson Living Corporation and its subsidiaries, agents, affiliates and divisions, and all other persons or entities acting in concert or participation with Abbyson, shall be and hereby are permanently enjoined and restrained re the Montecito Products (described and depicted in the Litigation) while plaintiff Red Star Traders, LLC, or its subsidiaries, af filiates, divisions, successors in interest, or assigns, remains in business and while it sells and markets its PORTOFINO outdoor furniture products. IT IS FURTHER ORDERED that this lawsuit is dismissed without prejudice. (MD JS-6. Case Terminated) (gk)

JS-6
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Jen-Feng Lee, SBN 204328 ([e-mail])
LT PACIFIC LAW GROUP, LLP
17800 Castleton Street, #560
City of Industry, CA 91748
T: 626-810-7200
F: 626-810-7300

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Robert Aycock (Admitted Pro Hac Vice) ([e-mail])
PIA ANDERSON MOSS HOYT
136 East South Temple, Suite 1900
Salt Lake City, UT 84111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Red Star Traders, LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RED STAR TRADERS, LLC D/B/A RST
BRANDS, a Utah limited liability company;
Plaintiff,
v.

Case No. 2:16-cv-02781-AB-KS
FINAL ORDER AND
ISSUANCE OF PERMANENT
INJUNCTION

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ABBYSON LIVING CORPORATION, a
Nevada Corporation; ABBYSON LIVING
LLC, a Delaware limited liability company;
ABBYSON CORPORATION, a California
corporation; and ABBYSON HOME
CORPORATION, a California corporation.

Judge Andre Birotte Jr.

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Defendants.

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Permanent Injunction

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WHEREAS, plaintiff Red Star Traders, LLC (“RST”), commenced this

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action against defendant Abbyson Living Corporation (“Abbyson”) by filing a

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complaint on April 22, 2016 (the “Action”), alleging inter alia, that Abbyson has

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infringed on RST’s unregistered trade dress in connection with its PORTOFINOTM

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outdoor furniture products through its manufacturing and selling of an outdoor

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furniture set under the name “Montecito” as described and depicted in RST’s

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complaint filed in the Action (the “Montecito Products”);

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WHEREAS, the parties have agreed to enter into a separate Settlement
Agreement and Mutual Release;

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WHEREAS, the parties agree to the entry of a permanent injunction; and

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WHEREAS, this Court having reviewed the stipulation of the parties for

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entry of a Permanent Injunction, being fully advised in the premises, and for good

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cause shown, the Court hereby issues the following orders:

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A.

IT IS HEREBY ORDERED, that Abbyson and its subsidiaries,

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agents, affiliates and divisions, and all other persons or entities acting in concert or

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participation with Abbyson, shall be and hereby are permanently enjoined and

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restrained from manufacturing, selling, and/or marketing the Montecito Products

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(described and depicted in the Litigation) while RST, or its subsidiaries, affiliates,

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divisions, successors in interest, or assigns, remains in business and while it sells

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and markets its PORTOFINOTM outdoor furniture products.

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B.

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prejudice; and

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C.

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IT IS FURTHER ORDERED that this lawsuit is dismissed without
IT IS FURTHER ORDERED that this Court shall retain jurisdiction

to enforce any violation of this Final Order and Issuance of Permanent Injunction.
DATED this 28th day of June, 2017.
BY THE COURT:

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_____________________________
Hon. Judge André Birotte Jr.
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Permanent Injunction