Beachbody, LLC v. Vivante, Inc. et al

Filing 28

PERMANENT INJUNCTION AGAINST DEFENDANTS VIVANTE, INC., VITALIY POTSELUEV AND NATALIYA POTSELUEVA AND DISMISSAL by Judge John A. Kronstadt against Defendants Vitaliy Potseluev, Nataliya Potselueva, Vivante, Inc.. (ah)

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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,

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Plaintiff,

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Case No.: 2:16-cv-08799 JAK (GJSx)
PERMANENT INJUNCTION
AGAINST DEFENDANTS
VIVANTE, INC., VITALIY
POTSELUEV AND NATALIYA
POTSELUEVA AND DISMISSAL

v.
VIVANTE, INC., et al.,

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Defendants.
[JS-6]

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Pursuant to the Stipulation for Entry of Permanent Injunction against

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Defendants

Vivante,

Inc.,

Vitaliy

Potseluev

and

Nataliya

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(“Defendants”), by and between Plaintiff Beachbody, LLC (“Plaintiff”) and

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Defendants, the Court hereby ORDERS, ADJUDICATES and DECREES that a

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permanent injunction shall be and hereby is entered against Defendants in the

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above-referenced matter as follows:

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PERMANENT INJUNCTION AND DISMISSAL

Potselueva

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PERMANENT INJUNCTION. Pursuant to 15 United States Code

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(“U.S.C.”) §1116, Defendants are hereby restrained and enjoined 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 in the United States and throughout the world:

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i.

copying, manufacturing, importing, exporting, marketing,

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selling, offering for sale, distributing or dealing in any product or service that uses,

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or otherwise making any use of, any of Plaintiff’s BEACHBODY®, P90X®,

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P90X2®, P90X3®, BRAZIL BUTT LIFT®, CIZE®, INSANITY®, FOCUS

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T25®, 21 DAY FIX® and/or THE MASTER’s HAMMER AND CHISEL®

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trademarks and copyrights, and/or any intellectual property that is confusingly or

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substantially similar to, or that constitutes a colorable imitation of, any of

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Plaintiff’s BEACHBODY®, P90X®, P90X2®, P90X3®, BRAZIL BUTT LIFT®,

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CIZE®, INSANITY®, FOCUS T25®, 21 DAY FIX® and/or THE MASTER’s

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HAMMER AND CHISEL® trademarks and copyrights, whether such use is as, on,

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in or in connection with any trademark, service mark, trade name, logo, design,

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Internet use, website, domain name, metatags, advertising, promotions,

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solicitations, commercial exploitation, television, web-based or any other program,

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or any product or service, or otherwise;

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ii.

performing or allowing others employed by or representing

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them, or under their control, to perform any act or thing which is likely to injure

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Plaintiff, any of Plaintiff’s BEACHBODY®, P90X®, P90X2®, P90X3®,

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BRAZIL BUTT LIFT®, CIZE®, INSANITY®, FOCUS T25®, 21 DAY FIX®

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and/or THE MASTER’s HAMMER AND CHISEL® trademarks and copyrights,

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and/or Plaintiff’s business reputation or goodwill;

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iii.

engaging in any acts of trademark infringement, copyright

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infringement, false designation of origin, dilution, unfair competition, or other act

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which would tend damage or injure Plaintiff; and/or

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PERMANENT INJUNCTION AND DISMISSAL

iv.

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using any Internet domain name or website that includes any of

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Plaintiff’s Trademarks and Copyrights, including the BEACHBODY®, P90X®,

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P90X2®, P90X3®, BRAZIL BUTT LIFT®, CIZE®, INSANITY®, FOCUS

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T25®, 21 DAY FIX® and/or THE MASTER’s HAMMER AND CHISEL® marks

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or works.
2.

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FORFEITURE.

Defendants are ordered to deliver to Plaintiff

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immediately for destruction all counterfeit BEACHBODY®-branded exercise kits

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and DVDs in their possession, custody or control, including but not limited to

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P90X®, P90X2®, P90X3®, BRAZIL BUTT LIFT®, CIZE®, INSANITY®,

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FOCUS T25®, 21 DAY FIX® and/or THE MASTER’s HAMMER AND

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CHISEL® exercise kits and DVDs, to the extent that any of these items are in

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Defendants’ possession, custody or control.
3.

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ENTRY AND SERVICE. The Court finds there is no just reason for

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delay in entering this Permanent Injunction, and, pursuant to Rule 54(a) of the

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Federal Rules of Civil Procedure, the Court directs immediate entry of this

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Permanent Injunction against Defendants. This Permanent Injunction shall be

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deemed to have been served upon Defendants at the time of its execution by the

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Court.

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Permanent Injunction within five (5) calendar days of entry.

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Plaintiff is hereby ordered to serve Defendants with a copy of this

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NO APPEALS AND CONTINUING JURISDICTION.

No

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appeals shall be taken from this Permanent Injunction, and the parties waive all

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rights to appeal. This Court expressly retains jurisdiction over this matter to

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enforce any violation of the terms of this Permanent Injunction by Defendants.

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5.

NO FEES AND COSTS. Each party shall bear their own attorneys’

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fees and costs incurred in this matter.

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///

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///

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PERMANENT INJUNCTION AND DISMISSAL

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DISMISSAL.

Upon entry of this Permanent Injunction against

Defendants this case is hereby dismissed in its entirety, with prejudice.

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IT IS SO ORDERED, ADJUDICATED and DECREED this 25th day of
May, 2017.
_______________________________
HON. JOHN A. KRONSTADT
United States District Judge

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PERMANENT INJUNCTION AND DISMISSAL