UL LLC v. Gangsong Group Corp. et al

Filing 104

AMENDED JUDGMENT by Judge Dale S. Fischer that this Amended Judgment is entered in this consolidated action in favor of UL and against Defendants as follows: 1. Defendants are jointly and severally liable for and ordered to pay UL the amount of $ ;2,000,000.00 as statutory damages for Defendants willful, deliberate, and unjustifiable counterfeiting of UL's trademarksplus attorneys fees in the amount of $43,600.00, plus costs in the amount of $400.00, for a total of $2,044,000.00. (SEE AMENDED JUDGMENT FOR SPECIFICS). (jp)

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JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 11 FOR THE CENTRAL DISTRICT OF CALIFORNIA UL LLC, Plaintiff, 12 Case No.: 2:17-cv-08166 (consolidated with No. 2:18-cv-03077DSF-E) 13 v. Honorable Dale S. Fischer 14 Gangsong Group Corp., et al., AMENDED JUDGMENT AGAINST DEFENDANTS SHENZHEN KEBE TECHNOLOGY CO. LTD., JING HUA ZHOU, SHENZHEN LEIDISI ELECTRONICS TECHNOLOGY CO. LTD., TRC INTERNATIONAL CORPORATION, DAFANG USA, LLC, SUN DAFANG, WEN HUI LIAN, AND JTL IMPORT, INC. 15 16 17 18 19 20 Defendants. 21 22 23 24 25 26 27 28 AMENDED JUDGMENT 1 On April 30, 2019, the Court granted Plaintiff UL LLC’s (“Plaintiff” or “UL”) 2 Renewed Application for Entry of Default Judgment Against Defendants Shenzhen Kebe 3 Technology Co. Ltd., Jing Hua Zhou, Shenzhen Leidisi Electronics Technology Co. Ltd., 4 TRC International Corporation, Dafang USA, LLC, and Sun Dafang (collectively, the 5 “Shenzhen Defendants”). On April 30, 2019, the Court entered a Judgment of the same 6 date in favor of UL and against the Shenzhen Defendants (the “Shenzhen Defendants 7 Judgment”). 8 This action was related to the action captioned UL LLC v. Jia Ling Zhao, et al., 9 Central District of California Case No. 2:18-cv-03077-DSF-E (the “Related Action”), in 10 which, on June 10, 2019, the Court heard UL’s duly noticed application for default 11 judgment as against two defendants in that case, Wen Hui Lian (“Lian”) and JTL Import, 12 Inc. (“JTL”). The Court subsequently ordered this action and the Related Action 13 consolidated, and directed that, in order to enter one default judgment in this consolidated 14 action, the Court would set aside the prior Shenzhen Defendants Judgment and then enter 15 a new, amended judgment against the Shenzhen Defendants, Lian, and JTL (together, 16 “Defendants”). 17 Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Court has 18 found that there is no just reason to delay entering judgment for Plaintiff and against 19 Defendants, who have defaulted in this consolidated action, as all other defendants in this 20 consolidated action either (a) are subject to a stipulated consent decree and permanent 21 injunction entered by the Court, (b) have had the claims against them severed and 22 transferred to the United States District Court for the Central District of Illinois, or (c) 23 have been dismissed without prejudice. 24 Accordingly, IT IS ORDERED AND ADJUDGED that this Amended Judgment is 25 entered in this consolidated action in favor of UL and against Defendants as follows: 26 1. Defendants are jointly and severally liable for and ordered to pay UL the 27 amount of $2,000,000.00—as statutory damages for Defendants’ willful, 28 deliberate, and unjustifiable counterfeiting of UL’s trademarks—plus attorneys’ 1 AMENDED JUDGMENT 1 fees in the amount of $43,600.00, plus costs in the amount of $400.00, for a 2 total of $2,044,000.00. 3 4 2. Post-judgment interest shall accrue on the foregoing amounts pursuant to 28 U.S.C. § 1961. 5 3. Defendants are permanently enjoined, on the terms below. 6 Permanent Injunction: 7 UL owns the following federally registered marks: 8 MARK REG. NO. TYPE 0,782,589 Certification Mark 2,391,140 Certification Mark 4,201,014 Service Mark 4,283,962 Certification Mark 9 10 11 12 13 14 15 UL 16 17 18 19 Notwithstanding UL’s exclusive rights in and to the above referenced UL Certification 20 Marks and the UL Service Mark, Defendants adopted and have been using a mark that is 21 identical to or substantially indistinguishable from UL Certification Marks (the 22 “Counterfeit Mark”) to falsely suggest that their goods have been certified by UL. 23 Accordingly, Defendants, and their officers, members, managers, agents, servants, 24 employees, attorneys, confederates, and any persons acting in concert or participation 25 with them, or having knowledge of this order by personal service or otherwise, from: 26 i. imitating, copying, or making any other infringing use of the UL Service 27 Mark and the UL Certification Marks by the defendants’ Counterfeit 28 Mark, and any other mark now or hereafter confusingly similar to the UL 2 AMENDED JUDGMENT Service Mark or the UL Certification Mark; 1 2 ii. manufacturing, assembling, producing, distributing, offering for 3 distribution, circulating, selling, offering for sale, advertising, importing, 4 promoting, or displaying any simulation, reproduction, counterfeit, copy, 5 or colorable imitation of the UL Service Mark, the UL Certification 6 Marks, defendants’ Counterfeit Mark, or any mark confusingly similar 7 thereto; 8 iii. using any false designation of origin or false description or statement that 9 can or is likely to lead the trade or public or individuals erroneously to 10 believe that any good has been provided, produced, distributed, offered 11 for distribution, circulation, sold, offered for sale imported, advertised, 12 promoted, displayed, licensed, sponsored, approved, or authorized by or 13 for UL, when such is not true in fact; 14 iv. using the names, logos, or other variations thereof of the UL Service 15 Mark, the UL Certification Marks, or defendants’ Counterfeit Mark in 16 any of defendants’ trade or corporate names; 17 v. engaging in any other activity constituting an infringement of the UL 18 Service Mark, the UL Certification Marks, or of the rights of UL in, or 19 right to use or to exploit the UL Service Marks and the UL Certification 20 Marks; and 21 vi. assisting, aiding, or abetting any other person or business entity in 22 engaging in or performing any of the activities referred to in 23 subparagraphs (i) through (v) above. 24 25 26 27 IT IS SO ORDERED. DATED: June 26, 2019 Honorable Dale S. Fischer UNITED STATES DISTRICT JUDGE 28 3 AMENDED JUDGMENT

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