Spy Optic Inc. v. globalbabysupplier, et al

Filing 31

ORDER RE PERMANENT INJUNCTION AND DISMISSAL OF ACTION WITH PREJUDICE AS TO TANG ZI NAN AKA DEFENDANT IDENTIFIED AS EBAY USER ID LUCKYHAPPY15 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 fees associated with this action. (SEE ATTACHMENT FOR FURTHER DETAILS). (jp)

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1 5 Brent H. Blakely (SBN 157292) bblakely@blakelylawgroup.com Cindy Chan (SBN 247495) cchan@blakelylawgroup.com BLAKELY LAW GROUP 1334 Parkview Avenue, Suite 280 Manhattan Beach, California 90266 Telephone: (310) 546-7400 NOTE: CHANGES MADE BY THE COURT Facsimile: (310) 546-7401 6 Attorneys for Plaintiff Spy Optic, Inc. 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 18 ) CASE NO. 2:17-CV-04532-JFW-JC ) ) ) ORDER RE PERMANENT ) INJUNCTION AND DISMISSAL OF ) ACTION WITH PREJUDICE AS TO ) TANG ZI NAN A/K/A DEFENDANT ) IDENTIFIED AS EBAY USER ID ) LUCKYHAPPY15 ) ) ) ) ) ) 19 Plaintiff Spy Optic, Inc. (“Spy Optic” or “Plaintiff”) having filed a Complaint 20 in this action charging Defendant Tang Zi Nan (唐子南) identified in Schedule A by 21 eBay user ID luckyhappy15 and associated PayPal Account e-mail address 22 yiwupr@126.com arising from the advertisement, offering for sale, and sale of 23 products bearing counterfeit reproductions of Spy Optic’s federally registered SPY 24 Marks (“Counterfeit Products”) on eBay.com (“eBay”). 12 13 14 15 16 17 25 26 27 28 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 Tang Zi Nan (唐子南) - the owner and operator of eBay user ID luckyhappy15 and associated PayPal Account e-mail address 1 ORDER 1 yiwupr@126.com have stipulated to the below terms, IT IS HEREBY ORDERED 2 that: 3 4 1. Defendant and its agents, servants, successors and assigns are hereby immediately and permanently restrained and enjoined from: 5 (a) manufacturing or causing to be manufactured, importing, 6 advertising, promoting, distributing, selling or offering to sell products bearing Spy 7 Optic’s federally registered “SPY Marks” identified below: Trademark U.S. Reg. No. Reg. Date Goods and Services 8 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 20 2,157,268 05/12/1998 Sunglasses 21 3,648,121 06/30/2009 Bags; Namely, Backpacks and Sport Bags 9 SPY 10 11 12 13 14 15 SPY OPTIC 16 17 18 19 22 23 (b) moving, destroying, altering, removing, or otherwise dealing with 24 the unauthorized products or any books or records which contain any information 25 relating to the importing, manufacturing, producing, distributing, circulating, selling, 26 marketing, offering for sale, advertising, promoting, renting or displaying of all 27 unauthorized products which infringe the SPY Marks; 28 2 ORDER 1 (c) using any reproduction, counterfeit, copy, or colorable imitation of 2 the SPY Marks in connection with the publicity, promotion, sale, or advertising of any 3 goods sold by Defendant; 4 (d) using any logo and/or layout which may be calculated to falsely 5 advertise the services or products of Defendant as being sponsored by, authorized by, 6 endorsed by, or in any way associated with Spy Optic; 7 8 (e) falsely representing Defendant as being connected with Spy Optic, through sponsorship or association; 9 (f) engaging in any act which is likely to falsely cause members of the 10 trade and/or of the purchasing public to believe any goods or services of Defendant are 11 in any way endorsed by, approved by, and/or associated with Spy Optic; 12 13 (g) Challenging the validity, enforceability, and/or Spy Optic’s ownership of SPY Marks; 14 (h) Knowingly assisting, aiding or attempting to assist or aid any other 15 person or entity in performing any of the prohibited activities referred to in Paragraphs 16 1(a) through 1(g) above. 17 18 19 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 20 parties hereto. However, dismissal with prejudice of this action as to the Defendant 21 identified herein shall not have preclusive effect on those who are not a party to this 22 stipulation or who are not specifically released in the parties’ written settlement 23 agreement, all claims against whom Plaintiff expressly reserves. 24 4. PayPal, Inc. (“PayPal”) is ordered to (1) disburse the funds of Defendant 25 restrained pursuant to the Court’s Orders, dated June 22, 2017 and July 6, 2017 26 (Docket #19) as directed by Plaintiff’s counsel; and (2) upon transfer of the funds as 27 required herein, PayPal shall remove any restraints that were placed on Defendant’s 28 PayPal account pursuant to said Court Orders and return Defendant’s account back to 3 ORDER 1 an unrestrained status in accordance with PayPal’s operating procedures and contract 2 for services with Defendant. 3 5. Spy Optic shall have the right to seek sanctions for contempt, 4 compensatory damages, injunctive relief, attorneys’ fees, costs, and such other relief 5 deemed proper in the event of a violation or failure by Defendant to comply with any 6 of the provisions hereof.. 7 8 9 6. Plaintiff and Defendant shall bear their own costs and attorneys’ fees associated with this action. 7. The jurisdiction of this Court is retained for the purpose of making any 10 further orders necessary or proper for the construction or modification of this 11 Stipulation/Order. 12 8. Except as otherwise provided herein, this action is fully resolved and 13 dismissed with prejudice as to Tang Zi Nan (唐子南) a/k/a Defendant identified as 14 Ebay User ID luckyhappy15 only. 15 16 17 DATED: August 7, 2017 _______________________________ Hon. John F. Walter United States District Judge 18 19 20 21 22 23 24 25 26 27 28 4 ORDER

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