UL LLC v. The Space Chariot Inc. et al

Filing 92

JUDGMENT FOR PLAINTIFF AGAINST THE SPACE CHARIOT, INC. by Judge Christina A. Snyder: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Judgment is hereby entered for Plaintiff and against Defendant The Space Chariot Inc.; Plaintiff is awarded and shal l recover from Space Chariot statutory damages of $1,000,000; and prejudgment interest of $21,479.45. Plaintiff shall recover costs from Space Chariot. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Space Chariot and its officers, agents , servants, employees, and attorneys, and all others in active concert or participation therewith, are hereby permanently enjoined and restrained re Plaintiff's UL Marks, etc. The remaining Counts in Plaintiff's Complaint against Space Char iot--i.e., Counts 3, 4, and 5--are hereby dismissed as to Space Chariot only, provided, however, that the Court shall have continuing jurisdiction over this matter as to Space Chariot for the purpose of determining and enforcing the pending sanction awards for Plaintiff against Space Chariot. This Judgment does not apply to and does not affect the remaining defendants or the claims currently pending against them. See document for further details. (gk)

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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UL LLC,

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Case No.: 2:16-CV-08172-CAS (AFMX)

Plaintiff,

Hon. Christina A. Snyder

v.
The Space Chariot Inc., a California
corporation; Kevin Walker, an individual;
Donabelle Escarez Mortel, aka Donabella
Mortel , an individual; and John Does 1-10,
individuals,

[PROPOSED] JUDGMENT FOR
PLAINTIFF AGAINST THE SPACE
CHARIOT, INC.

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Defendants.

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JUDGMENT AGAINST THE SPACE CHARIOT, INC.
CHI 68253532v1

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On April 20, 2017, the Court granted Plaintiff UL LLC’s (“Plaintiff”) Motion for

2 Partial Summary Judgment against defendant The Space Chariot, Inc. (“Space Chariot”)
3 and awarded Plaintiff statutory damages of one million dollars ($1,000,000) on Counts 1
4 and 2 of its Complaint. Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure,
5 the Court has found that, though more than one claim for relief exists and multiple parties
6 are involved, there is no just reason to delay entering judgment for Plaintiff and against
7 Space Chariot. For these reasons and the reasons set forth in the April 20, 2017 Order,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Judgment is

9 hereby entered for Plaintiff and against defendant Space Chariot; Plaintiff is awarded and
10 shall recover from Space Chariot one million dollars ($1,000,000) in statutory damages.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff is

12 awarded and shall recover from Space Chariot prejudgment interest of $21,479.45.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, pursuant to

14 Federal Rule of Civil Procedure 65, that Space Chariot and its officers, agents, servants,
15 employees, and attorneys, and all others in active concert or participation therewith, are
16 hereby permanently enjoined and restrained from:
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(i)

using any reproduction, counterfeit, copy, or colorable imitation of

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Plaintiff’s certification marks,

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(Reg. No. 2,391,140), and the UL service mark (U.S. Reg. No. 4,201,014)

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(collectively, the “UL Marks”), or variations thereof in connection with the

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advertisement, offer for sale and/or sale of any merchandise, or in any

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manner likely to cause others to believe that Space Chariot’s products are

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connected with Plaintiff or the genuine UL Marks, when they are not in fact

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connected with Plaintiff or the genuine UL Marks; and

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(ii)

(U.S. Reg. No. 782,589) and

passing off any other goods that are not authorized by Plaintiff as being
certified, approved or authorized by Plaintiff;

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JUDGMENT AGAINST THE SPACE CHARIOT, INC.
CHI 68253532v1

(U.S.

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(iii)

committing any other acts reasonably calculated to cause purchasers to

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believe that Space Chariot’s products are authorized or certified by Plaintiff,

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when in fact such products are not authorized or certified by Plaintiff;

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(iv)

assisting, aiding, or abetting any other person or business entity in engaging

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in or performing any of the activities referred to in the above paragraphs (i),

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(ii) and (iii); and

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(v)

other than by an order of this Court,
(a)

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moving, destroying, or otherwise disposing of any products, labels, or

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other items, merchandise or documents bearing, relating to or used for

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reproducing the UL Marks or any reproduction, counterfeit, copy or

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colorable imitation thereof; or
(b)

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removing, destroying or otherwise disposing of any business records

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or documents, including electronic business records, relating in any

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way to the use of the UL Marks in connection with the manufacture,

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acquisition, purchase, advertisement, distribution, offering for sale or

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sale of goods.
(c)

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assisting any third party in identifying, moving, destroying, or

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otherwise disposing of any reproduction, counterfeit or imitation

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goods, as well as any records pertaining to reproduction, counterfeit

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or imitation UL Marks or goods, which such use is likely to cause

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confusion, or to cause mistake, or to deceive.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff,

23 the prevailing party, shall recover costs from Space Chariot in accordance with Rule
24 54(d) of the Federal Rules of Civil Procedure and Local Rule 54-1 et seq.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, pursuant to

26 Federal Rule of Civil Procedure 41(a)(2), the remaining Counts in Plaintiff’s Complaint
27 against Space Chariot—i.e., Counts 3, 4, and 5—are hereby dismissed as to Space
28 Chariot only, provided, however, that the Court shall have continuing jurisdiction over
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JUDGMENT AGAINST THE SPACE CHARIOT, INC.
CHI 68253532v1

1 this matter as to Space Chariot for the purpose of determining and enforcing the pending
2 sanction awards for Plaintiff against Space Chariot.
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This Judgment does not apply to and does not affect the remaining defendants or

4 the claims currently pending against them.
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IT IS SO ORDERED.

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8 Dated: May 31, 2017
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______________________________________________
Hon. Christina A. Snyder
United States District Judge

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JUDGMENT AGAINST THE SPACE CHARIOT, INC.
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