Adobe Systems Incorporated v. Chukoula LLC et al

Filing 98

PERMANENT INJUNCTION AND DISMISSAL OF ONLY DEFENDANT GAOXIANG YANG 97 filed by Judge Michael W. Fitzgerald. Pursuant to the Stipulation for Entry of Permanent Injunction and Dismissal, between Plaintiff ADOBE SYSTEMS INCORPORATED, and Defendant GAOXIANG YANG, hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered against Defendant. (iv)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ADOBE SYSTEMS INCORPORATED, a
Delaware Corporation,

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[PROPOSED] PERMANENT
INJUNCTION AND DISMISSAL OF
ONLY DEFENDANT GAOXIANG YANG

Plaintiff,

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Case No.: 2:17-cv-01808-MWF-AS

v.

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Hon. Michael W. Fitzgerald

CHUKOULA LLC, a Minnesota Limited
Liability Company, et al.,
Defendants.

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The Court, pursuant to the Stipulation for Entry of Permanent Injunction and Dismissal

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(“Stipulation”), between Plaintiff ADOBE SYSTEMS INCORPORATED (“Plaintiff”), on the

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one hand, and Defendant GAOXIANG YANG (“Defendant”), on the other hand, hereby

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ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be and hereby is

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entered against Defendant as follows:

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PERMANENT INJUNCTION. Defendant and any person or entity acting at his

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direction, including any and all agents, servants, employees, partners, assignees, distributors,

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suppliers, resellers and any others over which he may exercise control, who have received actual

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notice of this Permanent Injunction, Fed.R.Civ.P.65(d)(2), are hereby restrained and enjoined,

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pursuant to 15 United States Code (“U.S.C.”) § 1116(a) and 17 U.S.C. § 502, from engaging in,

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

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activities in the United States and throughout the world:

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a.

copying, manufacturing, importing, exporting, marketing, purchasing, acquiring,

offering for sale, selling, distributing or dealing in any product or service that uses, or otherwise
-1STIPULATION FOR ENTRY OF PERMANENT INJUNCTION & DISMISSAL – Case No.: 2:17-cv-01808-MWF-AS

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making any use of, any unauthorized copies of Plaintiff’s trademarks and copyrights, including

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but not limited to ADOBE®, ACROBAT® and/or CREATIVE SUITE® marks and works

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(collectively “Plaintiff’s Trademarks and Copyrights”), and/or any Intellectual Property that is

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

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Plaintiff’s Trademarks and Copyrights, whether such use is as, on, in or in connection with any

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trademark, service mark, trade name, logo, design, Internet use, website, domain name, metatags,

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advertising, promotions, solicitations, commercial exploitation, television, web-based or any

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other program, or any product or service, or otherwise;

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b.

copying or downloading, other than for personal use of a validly licensed and

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registered software, of any software containing Plaintiff’s Trademarks and Copyrights, including

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but not limited to ADOBE®, ACROBAT®, and CREATIVE SUITE® marks and works and/or

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any Intellectual Property that is confusingly or substantially similar to, or that constitutes a

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colorable imitation of, any of Plaintiff’s Trademarks and Copyrights;

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c.

importing, exporting, marketing, purchasing, downloading, selling, offering for

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

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any original equipment manufacturer (“OEM”) or educational/academic (“EDU”) versions of

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Plaintiff’s software;

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d.

importing, exporting, marketing, purchasing, downloading, selling, offering for

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

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any of Plaintiff’s serial activation keys or numbers;

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e.

importing, exporting, marketing, purchasing, downloading, selling, offering for

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

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any of Plaintiff’s products that are intended to be sold only outside of the United States of America

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or Canada;

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f.

using any Internet domain name or website that includes any of Plaintiff’s

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Trademarks and Copyrights, including but not limited to the ADOBE®, ACROBAT® and

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CREATIVE SUITE® marks and works; and/or

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-2STIPULATION FOR ENTRY OF PERMANENT INJUNCTION & DISMISSAL – Case No.: 2:17-cv-01808-MWF-AS

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g.

applying to the Adobe Partner Connection Program or any other authorized

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reseller or distribution program sponsored or approved by Plaintiff or one of its agents. This

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prohibition includes Defendant applying to such a program through any other business name or

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sales platform and/or using the information of any of Defendant’s agents, servants, employees,

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partners, directors, officers, assignees, family members, or any others affiliated with Defendant.

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Any acceptance or approval by Plaintiff of an application made in violation of this provision shall

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not be construed as a waiver or modification of this explicit injunctive provision, unless the Parties

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jointly file a Stipulation with the Court seeking relief from this provision and the Court so orders.

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2.

Defendant is ordered to deliver immediately for destruction all unauthorized

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products, including counterfeit, EDU, OEM, or non-U.S./Canadian-intended versions of

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Plaintiff’s software and related products, serial activation keys and cards, labels, signs, prints,

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packages, wrappers, receptacles and advertisements relating thereto in his possession or under his

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control bearing any of Plaintiff’s intellectual property or any simulation, reproduction,

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counterfeit, copy or colorable imitations thereof, to the extent that any of these items are in

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Defendant’s possession.

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3.

This Permanent Injunction shall be deemed to have been served upon Defendant

at the time of its execution by the Court.
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The Court finds there is no just reason for delay in entering this Permanent

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Injunction, and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs

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immediate entry of this Permanent Injunction against Defendant.

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5.

NO APPEALS AND CONTINUING JURISDICTION. No appeals shall be

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taken from this Permanent Injunction, and the parties waive all rights to appeal. This Court

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expressly retains jurisdiction over this matter to enforce any violation of the terms of the

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underlying Confidential Settlement Agreement and this Permanent Injunction.

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6.

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

costs incurred in this matter.

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-3STIPULATION FOR ENTRY OF PERMANENT INJUNCTION & DISMISSAL – Case No.: 2:17-cv-01808-MWF-AS

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DISMISSAL. The Court hereby dismisses this action, as to only Defendant

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Gaoxiang Yang. The Court hereby dismisses Defendant Gaoxiang Yang with prejudice as to all

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claims asserted against him in this action upon entry of this Permanent Injunction.

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IT IS SO ORDERED, ADJUDICATED and DECREED this 12th day of September 2018.

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________________________________________
Hon. Michael W. Fitzgerald
United States District Judge
Central District of California

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-4STIPULATION FOR ENTRY OF PERMANENT INJUNCTION & DISMISSAL – Case No.: 2:17-cv-01808-MWF-AS