Cree, Inc. v. Gearxs, Inc. et al

Filing 47

PERMANENT INJUNCTION AND DISMISSAL, WITH PREJUDICE, AGAINST DEFENDANTS GEARXS, INC. AND REFAEL YITZHAKI by Judge John F. Walter hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered against Defendants and a ny person or entity acting in concert with, or at their direction, including any and all agents, servants, employees, partners, assignees, distributors, suppliers, resellers and any others over which he may exercise control, is hereby restrained and enjoined. No appeals shall be taken from this Permanent Injunction against Defendants, and the parties waive all rights to appeal. Plaintiff and Defendants shall bear their own attorneys fees and costs incurred in this matter. Upon entry of this Permanent Injunction against Defendants, only Defendants GearXS, Inc., and Refael Yitzhaki shall be dismissedfrom the action, with prejudice. (jp)

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NOTE: CHANGES MADE BY THE COURT

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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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CREE, INC., a North Carolina
Corporation,

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Plaintiff,

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v.
GEARXS, INC., an Illinois Corporation
Doing Business in California; REFAEL
YITZHAKI, an Individual d/b/a
GEARXS, INC.; WEST COAST
IMPORTS, INC., a California
Corporation; and DOES 1-10, Inclusive,

Case No.: 2:16-cv-04515-JFW-PLAx
PERMANENT INJUNCTION AND
DISMISSAL, WITH PREJUDICE,
AGAINST DEFENDANTS
GEARXS, INC. AND REFAEL
YITZHAKI
Honorable John F. Walter

Defendants.

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The Court, pursuant to the Stipulation for Entry of Permanent Injunction
and Dismissal, between Plaintiff Cree, Inc. (“Plaintiff”), on the one hand, and
Defendants GearXS, Inc. and Refael Yitzhaki (collectively “Defendants”), on the
other hand, hereby ORDERS, ADJUDICATES and DECREES that a permanent
injunction shall be and hereby is entered against Defendants as follows:
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PERMANENT INJUNCTION.

Defendants and any person or

entity acting in concert with, or at their direction, including any and all agents,
servants, employees, partners, assignees, distributors, suppliers, resellers and any
others over which he may exercise control, is hereby restrained and enjoined,
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pursuant to 15 United States Code (“U.S.C.”) § 1116(a), from engaging in,

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directly or indirectly, or authorizing or assisting any third party to engage in, any

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of the following activities:
(i)

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copying, manufacturing, importing, exporting, purchasing,

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

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

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

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the CREE® word and design trademarks (Reg. Nos. 2,440,530; 2,452,761;

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3,935,628; 3,935,629; 3,938,970; 4,026,756; 3,935,630; 3,935,631; 3,938,971;

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2,922,689; 3,998,141; 3,998,142; 4,233,855; 4,234,124; 4,641,937; 4,597,310;

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4,597,311; 4,767,107; 4,771,402; 4,787,288), CREE LEDS® word and design

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trademarks (Reg. Nos. 3,360,315; 4,558,924), CREE LED LIGHT® word and

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design trademarks (Reg. No. 3,327,299), CREE LED LIGHTING® word and

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design trademarks (Reg. Nos. 3,891,756; 3,891,765), CREE LED LIGHTING

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SOLUTIONS® word and design trademarks (Reg. No. 3,526,887), CREE

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TRUEWHITE® word and design trademarks (Reg. Nos. 4,029,469; 4,091,530),

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and CREE TRUEWHITE TECHNOLOGY® word and design trademarks

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(Reg. Nos. 4,286,398; 4,099,381) affixed to Plaintiff’s First Amended Complaint

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for Damages and Declaratory Relief as Exhibits “A” - “EE” (ECF Dkt. 30, ¶21,

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Pages 6-11) (collectively, “Plaintiff’s Intellectual Properties”);

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(ii)

using,

advertising

or

displaying

Plaintiff’s

Intellectual

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Properties to suggest that non-genuine led light products, including flashlights

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being advertised are manufactured, sponsored or endorsed by Plaintiff; and/or

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(iii)

owning or controlling any Internet domain name or website

that uses any of Plaintiff’s Intellectual Properties.
2.

This Permanent Injunction shall be deemed to have been served upon

Defendants at the time of its execution by the Court.
3.

The Court finds there is no just reason for delay in entering this
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Permanent Injunction against Defendants, and the Court directs immediate entry

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of this Permanent Injunction against Defendants.

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4.

NO APPEALS AND CONTINUING JURISDICTION.

No

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appeals shall be taken from this Permanent Injunction against Defendants, and the

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parties waive all rights to appeal. This Court expressly retains jurisdiction over

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this matter to enforce any violation of the terms of this Permanent Injunction by

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Defendants.

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5.

NO FEES AND COSTS. Plaintiff and Defendants shall bear their

own attorneys’ fees and costs incurred in this matter.
6.

DISMISSAL. Upon entry of this Permanent Injunction against

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Defendants, only Defendants GearXS, Inc. and Refael Yitzhaki shall be dismissed

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from the action, with prejudice.

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IT IS SO ORDERED, ADJUDICATED and DECREED this 21st day of
February, 2017.
_______________________________
HON. JOHN F. WALTER
United States District Judge
Central District of California

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