Beachbody, LLC v. Jadee Investments Corporation et al

Filing 36

JUDGMENT by Judge Fernando M. Olguin. IT IS ADJUDGED that: (1) Judgment is hereby entered in favor of plaintiff Beachbody, LLC and againstdefendants Jadee Investments Corporation, William Lee and Kay Cleveland on plaintiffs claims for copyright and t rademark infringement. (2) Plaintiff shall recover against defendants Jadee Investments Corporation, William Lee and Kayo Cleveland, jointly and severally, in the amount of $93,183.01 consisting of $30,000 in statutory copyright damages, &# 036;58,060.59 in trebled trademark damages, and $5,122.42 in attorney's fees.(3) Plaintiffs remaining claims are dismissed without prejudice.(4) Defendants Jadee Investments Corporation, William Lee and Kayo Cleveland, and their owners, off icers, directors, employees, agents, and representatives, are enjoined and restrained. Within thirty (30) days of receipt of this Judgment, defendants shall turn over and deposit with the plaintiff's counsel all existing products in their posses sion, custody, or control that bears plaintiffs registered marks. Any products turned over to plaintiff's counsel by defendants may be destroyed and/or disposed of in such a manner as plaintiff deems appropriate. (MD JS-6, Case Terminated). (jp)

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JS-6

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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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BEACHBODY, LLC,

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Plaintiff,

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v.
JADEE INVESTMENTS
CORPORATION, et al.,

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Defendants.
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Case No. CV 17-2067 FMO (AFMx)

JUDGMENT

Pursuant to the Court’s Order Re: Default Judgment, filed contemporaneously with the filing
of this Judgment, IT IS ADJUDGED that:
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Judgment is hereby entered in favor of plaintiff Beachbody, LLC and against

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defendants Jadee Investments Corporation, William Lee and Kay Cleveland on plaintiff’s claims

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for copyright and trademark infringement.

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2.

Plaintiff shall recover against defendants Jadee Investments Corporation, William

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Lee and Kayo Cleveland, jointly and severally, in the amount of $93,183.01 consisting of $30,000

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in statutory copyright damages, $58,060.59 in trebled trademark damages, and $5,122.42 in

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attorney’s fees.

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3.

Plaintiff’s remaining claims are dismissed without prejudice.

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4.

Defendants Jadee Investments Corporation, William Lee and Kayo Cleveland, and

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their owners, officers, directors, employees, agents, and representatives, are enjoined and

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restrained from:

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a.

copying, manufacturing, importing, exporting, marketing, selling, offering for

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

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makes any use of plaintiff’s P90X®, TURBO JAM®, HIP HOP ABS®,

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INSANITY®, BRAZIL BUTT LIFT®, P90X2®, BODY BEAST®, FOCUS

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T25®, P90X3®, and 22 MINUTE HARD CORPS® trademarks and

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copyrights;

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b.

engaging in any acts of federal and/or state trademark infringement,

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copyright infringement, false designation of origin, unfair competition, dilution,

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or other act which would tend to damage or injure plaintiff; and

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c.

using any internet domain name or website that includes any of the following

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trademarks and/or copyrights: P90X®, TURBO JAM®, HIP HOP ABS®,

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INSANITY®, BRAZIL BUTT LIFT®, P90X2®, BODY BEAST®, FOCUS

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T25®, P90X3®, and 22 MINUTE HARD CORPS®.

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5.

Within thirty (30) days of receipt of this Judgment, defendants shall turn over and

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deposit with the plaintiff’s counsel all existing products in their possession, custody, or control that

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bears plaintiff’s registered marks. Any products turned over to plaintiff’s counsel by defendants

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may be destroyed and/or disposed of in such a manner as plaintiff deems appropriate.

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Dated this 18th day of October, 2017.

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/s/
Fernando M. Olguin
United States District Judge

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