Beachbody, LLC v. Shaun Lane et al

Filing 24

FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANTS 23 by Judge Beverly Reid O'Connell, in favor of Beachbody, LLC against Shaun Lane, Troy Lane. Plaintiff shall recover and Defendants shall pay to Plaintiff, jointly and seve rally, the sum of Sixty Thousand Three Hundred Seventy-Seven Dollars Fifty Cents ($60,377.50) on Plaintiff's Complaint for Damages. Each party shall bear their own attorneys' fees and costs incurred in this matter. (MD JS-6. Case Terminated) (lom)

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JS-6 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 WESTERN DIVISION 12 13 BEACHBODY, LLC, 14 Plaintiff, 15 16 Case No.: 2:16-cv-08808 BRO (JPRx) FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANTS v. SHAUN LANE, et al., 17 Honorable Beverly Reid O’Connell Defendants. 18 19 20 Pursuant to the Stipulation for Entry of Judgment, including Permanent 21 Injunction, against Defendants Shaun Lane and Troy Lane (“Defendant”), by and 22 between Plaintiff Beachbody, LLC (“Plaintiff”) and Defendants, the Court hereby 23 ORDERS, ADJUDICATES and DECREES that Judgment, including permanent 24 injunction, shall be and hereby is entered in favor of Plaintiff and against 25 Defendants in the above-referenced matter as follows: 26 1. JUDGMENT. Plaintiff shall recover and Defendants shall pay to 27 Plaintiff, jointly and severally, the sum of Sixty Thousand Three Hundred Seventy- 28 Seven Dollars Fifty Cents ($60,377.50) on Plaintiff’s Complaint for Damages -1- FINAL JUDGMENT 1 (ECF Dkt. 1). 2 2. PERMANENT INJUNCTION. Pursuant to 15 United States Code 3 (“U.S.C.”) §1116, Defendants are hereby restrained and enjoined from engaging in, 4 directly or indirectly, or authorizing or assisting any third party to engage in, any 5 of the following activities in the United States and throughout the world: i. 6 copying, manufacturing, importing, exporting, marketing, 7 selling, offering for sale, distributing or dealing in any product or service that uses, 8 or otherwise making any use of, any of Plaintiff’s BEACHBODY® and/or 9 P90X3® trademarks and copyrights, and/or any intellectual property that is 10 confusingly or substantially similar to, or that constitutes a colorable imitation of, 11 any of Plaintiff’s BEACHBODY® and/or P90X3® trademarks and copyrights, 12 whether such use is as, on, in or in connection with any trademark, service mark, 13 trade name, logo, design, Internet use, website, domain name, metatags, 14 advertising, promotions, solicitations, commercial exploitation, television, web- 15 based or any other program, or any product or service, or otherwise; ii. 16 performing or allowing others employed by or representing 17 them, or under their control, to perform any act or thing which is likely to injure 18 Plaintiff, any of Plaintiff’s BEACHBODY® and/or P90X3® trademarks and 19 copyrights, and/or Plaintiff’s business reputation or goodwill; 20 iii. engaging in any acts of trademark infringement, copyright 21 infringement, false designation of origin, dilution, unfair competition, or other act 22 which would tend damage or injure Plaintiff; and/or 23 iv. using any Internet domain name or website that includes any of 24 Plaintiff’s Trademarks and Copyrights, including the BEACHBODY® and/or 25 P90X3® marks or works. 26 3. FORFEITURE. Defendants are ordered to deliver to Plaintiff 27 immediately for destruction all counterfeit BEACHBODY®-branded P90X3® 28 exercise kits and DVDs in their possession or under their control to the extent that -2- FINAL JUDGMENT 1 any of these items are in Defendants’ possession or control. 4. 2 ENTRY AND SERVICE. The Court finds there is no just reason for 3 delay in entering this Permanent Injunction, and, pursuant to Rule 54(a) of the 4 Federal Rules of Civil Procedure, the Court directs immediate entry of this 5 Permanent Injunction against Defendants. This Permanent Injunction shall be 6 deemed to have been served upon Defendants at the time of its execution by the 7 Court. 8 Judgment, including Permanent Injunction, within five (5) calendar days of entry. 9 Plaintiff is hereby ordered to serve Defendants with a copy of this 5. NO APPEALS AND CONTINUING JURISDICTION. No 10 appeals shall be taken from this Judgment, including Permanent Injunction, and the 11 parties waive all rights to appeal. This Court expressly retains jurisdiction over 12 this matter to enforce any violation of the terms of this Judgment and/or Permanent 13 Injunction by Defendants. 14 15 6. NO FEES AND COSTS. Each party shall bear their own attorneys’ fees and costs incurred in this matter. 16 17 18 19 20 21 IT IS SO ORDERED. DATED: March 3, 2017 By: Honorable Beverly R. O’Connell United States District Court Judge 22 23 24 25 26 27 28 -3- FINAL JUDGMENT

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