Spy Optic Inc. v. globalbabysupplier, et al

Filing 30

ORDER RE PERMANENT INJUNCTION AND DISMISSAL OF ACTION WITH PREJUDICE AS TO TIAN HONG LAN AKA DEFENDANT IDENTIFIED AS EBAY USER ID RICH-FIVE by Judge John F. Walter. IT IS HEREBY ORDERED that: Defendant and its agents, servants, successors and assigns are hereby immediately and permanently restrained and enjoined. Plaintiff and Defendant shall bear their own costs and attorneys feesassociated with this action. (SEE ATTACHMENT FOR FURTHER DETAILS). (jp)

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Brent H. Blakely (SBN 157292)
[e-mail]
Cindy Chan (SBN 247495)
[e-mail]
NOTE: CHANGES MADE BY THE COURT
BLAKELY LAW GROUP
1334 Parkview Avenue, Suite 280
Manhattan Beach, California 90266
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Spy Optic, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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) CASE NO. 2:17-CV-04532-JFW-JC
)
)
) ORDER RE PERMANENT
) INJUNCTION AND DISMISSAL OF
) ACTION WITH PREJUDICE AS TO
) TIAN HONG LAN A/K/A
) DEFENDANT IDENTIFIED AS
) EBAY USER ID RICH-FIVE
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)
)
)

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Plaintiff Spy Optic, Inc. (“Spy Optic” or “Plaintiff”) having filed a Complaint

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in this action charging Defendant Tian Hong Lan (田红兰) identified in Schedule A

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by eBay user ID rich-five and associated PayPal Account e-mail address

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[e-mail] arising from the advertisement, offering for sale, and sale of

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products bearing counterfeit reproductions of Spy Optic’s federally registered SPY

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Marks (“Counterfeit Products”) on eBay.com (“eBay”).

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SPY OPTIC INC., a California
Corporation,
vs.

Plaintiff,

THE INDIVIDUALS, PARTNERSHIPS
AND UNINCORPORATED
ASSOCIATIONS IDENTIFIED ON
SCHEDULE “A” and
DOES 1-10,
Defendants.

WHEREAS, the parties herein have simultaneously entered into a confidential
Settlement Agreement and Mutual Release;
WHEREAS Spy Optic and Tian Hong Lan (田红兰) - the owner and operator
of eBay user ID rich-five and associated PayPal Account e-mail address
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ORDER

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[e-mail] have stipulated to the below terms, IT IS HEREBY ORDERED

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that:

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1.

Defendant and its agents, servants, successors and assigns are hereby

immediately and permanently restrained and enjoined from:

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(a)

manufacturing or causing to be manufactured, importing,

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advertising, promoting, distributing, selling or offering to sell products bearing Spy

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Optic’s federally registered “SPY Marks” identified below:
Trademark
U.S. Reg. No. Reg. Date
Goods and Services

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1,981,513

06/18/1996

Glasses and Sunglasses

3,700,605

10/27/2009

Bags; Namely, Backpacks and
Sport Bags

3,750,166

02/16/2010

Retail Store Services and Online Retail Store Services
Featuring Sunglasses, Sport
Goggles, and Wearing Apparel

3,218,701

03/13/2007

Wearing Apparel; Namely TShirts, Shirts, Sweatshirts, Pants,
Shorts, Jackets, Hats, Visors,
Caps, Belts and Shoes

3,468,936

07/15/2008

Sunglasses and Sports Goggles

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2,157,268

05/12/1998

Sunglasses

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3,648,121

06/30/2009

Bags; Namely, Backpacks and
Sport Bags

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SPY

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SPY OPTIC

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(b)

moving, destroying, altering, removing, or otherwise dealing with

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the unauthorized products or any books or records which contain any information

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relating to the importing, manufacturing, producing, distributing, circulating, selling,

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marketing, offering for sale, advertising, promoting, renting or displaying of all

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unauthorized products which infringe the SPY Marks;

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ORDER

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(c)

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

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the SPY Marks in connection with the publicity, promotion, sale, or advertising of any

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goods sold by Defendant;

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(d)

using any logo and/or layout which may be calculated to falsely

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advertise the services or products of Defendant as being sponsored by, authorized by,

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endorsed by, or in any way associated with Spy Optic;

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(e)

falsely representing Defendant as being connected with Spy Optic,

through sponsorship or association;

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(f)

engaging in any act which is likely to falsely cause members of the

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trade and/or of the purchasing public to believe any goods or services of Defendant are

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in any way endorsed by, approved by, and/or associated with Spy Optic;

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(g)

Challenging the validity, enforceability, and/or Spy Optic’s

ownership of SPY Marks;

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(h)

Knowingly assisting, aiding or attempting to assist or aid any other

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person or entity in performing any of the prohibited activities referred to in Paragraphs

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1(a) through 1(g) above.

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2.

This Court has jurisdiction over the parties herein and has jurisdiction

over the subject matter hereof pursuant to 15 U.S.C. § 1121.
3.

The execution of this stipulation shall serve to bind and obligate the

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parties hereto. However, dismissal with prejudice of this action as to the Defendant

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identified herein shall not have preclusive effect on those who are not a party to this

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stipulation or who are not specifically released in the parties’ written settlement

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agreement, all claims against whom Plaintiff expressly reserves.

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4.

PayPal, Inc. (“PayPal”) is ordered to (1) disburse the funds of Defendant

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restrained pursuant to the Court’s Orders, dated June 22, 2017 and July 6, 2017

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(Docket #19) as directed by Plaintiff’s counsel; and (2) upon transfer of the funds as

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required herein, PayPal shall remove any restraints that were placed on Defendant’s

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PayPal account pursuant to said Court Orders and return Defendant’s account back to
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ORDER

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an unrestrained status in accordance with PayPal’s operating procedures and contract

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for services with Defendant.

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5.

Spy Optic shall have the right to seek sanctions for contempt,

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compensatory damages, injunctive relief, attorneys’ fees, costs, and such other relief

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deemed proper in the event of a violation or failure by Defendant to comply with any

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of the provisions hereof..

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6.

Plaintiff and Defendant shall bear their own costs and attorneys’ fees

associated with this action.
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The jurisdiction of this Court is retained for the purpose of making any

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further orders necessary or proper for the construction or modification of this

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Stipulation/Order.

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8.

Except as otherwise provided herein, this action is fully resolved and

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dismissed with prejudice as to Tian Hong Lan (田红兰) a/k/a Defendant identified as

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Ebay User ID rich-five only.

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DATED:

August 7, 2017

_______________________________
Hon. John F. Walter
United States District Judge

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ORDER