UL LLC v. Gangsong Group Corp. et al

Filing 38


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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 Case No.: 2:17-cv-08166-DSF-Ex UL LLC, Plaintiff, 11 ORDER FOR 12 v. 13 Gangsong Group Corp., a California corporation; Flying Medical USA LLC, a California company; Logistic Public Warehouse, a California company; Thomas Soon Chiah, an individual; Shenzhen Kebe Technology Co. Ltd., a foreign company; Jing Hua Zhou, an individual; Shenzhen Leidisi Electronics Technology Co., Ltd., a foreign company; TRC International Corp., a California corporation; Sum Fortune International Group, a California corporation; Defang USA, LLC, a California company; Sun Defang, an individual; ManSeeManWant LLC, an Illinois company; James Ellenberg, an individual; and John Does 1-10, individuals, 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATED PRELIMINARY INJUNCTION AS TO DEFENDANTS GANGSONG GROUP CORP. AKA LOGISTICS PUBLIC WAREHOUSE FLYING MEDICAL USA LLC, AND THOMAS SOON CHIAH Defendants. 26 27 28 1 [PROPOSED] ORDER 1 Plaintiff, UL LLC (“UL”), on the one hand, and Defendants Gangsong Group 2 Corp. a/k/a Logistic Public Warehouse, Flying Medical USA LLC, and Thomas Soon 3 Chiah (together, the “Gangsong Defendants”), on the other hand, in the interest of 4 compromise and the efficient resolution of disputes, have entered into a stipulation for 5 entry of a preliminary injunction pursuant to Federal Rule of Civil Procedure 65 and the 6 Lanham Act, 15 U.S.C. §§ 1051, et seq. as amended by the Trademark Counterfeiting 7 Act of 1984, Public Law 98-473 (the “Lanham Act”). 8 THEREFORE, IT IS ORDERED that Defendants Gangsong Group Corp. a/k/a 9 Logistic Public Warehouse, Flying Medical USA LLC, and Thomas Soon Chiah, their 10 agents, servants, employees, confederates, attorneys, and any persons acting in concert or 11 participation with them, or having knowledge of this Order by personal service or 12 otherwise, are preliminarily enjoined from: 13 (i) imitating, copying, or making any other infringing use of (a) the UL 14 Service Mark and variations thereof (the “UL Service Marks”), and 15 (b) the UL-in-a-circle certification mark 16 including the enhanced mark 17 the use of Defendants’ mark that is identical to or substantially 18 indistinguishable from the UL Certification Marks (the “Counterfeit 19 Mark”) or any other mark now or hereafter confusingly similar to the 20 UL Service Marks or the UL Certification Marks; 21 (ii) and variations thereof (the “UL Certification Marks”), by manufacturing, assembling, producing, distributing, offering for 22 distribution, circulating, selling, offering for sale, advertising, 23 importing, promoting, or displaying any simulation, reproduction, 24 counterfeit, copy, or colorable imitation of the UL Service Marks, the 25 UL Certification Marks, Defendants’ Counterfeit Mark, or any mark 26 confusingly similar thereto; 27 28 (iii) using any false designation of origin or false description or statement that can or is likely to lead the trade or public or individuals 2 [PROPOSED] ORDER 1 erroneously to believe that any good has been provided, produced, 2 distributed, offered for distribution, circulation, sold, offered for sale, 3 imported, advertised, promoted, displayed, licensed, sponsored, 4 approved, or authorized by or for UL, when such is not true in fact; (iv) 5 using the names, logos, or other variations thereof of the UL Service 6 Marks, the UL Certification Marks, or Defendants’ counterfeit mark 7 in any of Defendants’ trade or corporate names; (v) 8 engaging in any other activity constituting an infringement of the UL 9 Service Marks, the UL Certification Marks, or of the rights of UL in, 10 or right to use or to exploit the UL Service Marks and the UL 11 Certification Mark; and (vi) 12 assisting, aiding, or abetting any other person or business entity in 13 engaging in or performing any of the activities referred to in the 14 foregoing items (i) through (v); 15 16 IT IS FURTHER ORDERED that: (1) Gangsong Defendants shall have until November 27, 2017 to produce 17 the documents and information required by the TRO/OSC (Dkt. No. 16 at p. 6, lns. 18 1-22), 19 “confidential”/nonpublic designation, as to pages, portions, or elements thereof 20 that contain nonpublic, confidential, sensitive, or otherwise, business/proprietary 21 information (“Confidential Information”), and to which Plaintiff may reserve the 22 rights to challenge any such designation(s); 23 (2) which Gangsong Defendants may produce pursuant to Gangsong Defendants shall make the personal laptop and cell phone 24 of Thomas Soon Chiah, and any other agents, employees, officers, or managers of 25 Gangsong Defendants involved in business relating to the other defendants, to 26 make content relevant to the Plaintiff’s claims available for forensic imaging no 27 later than November 27, 2017, with imaging performed on-site or in any event not 28 exceeding three (3) days of interruption of device use by the device owner, subject 3 [PROPOSED] ORDER 1 to a protective order and/or other confidentiality designations by Gangsong 2 Defendants to protect the inadvertent disclosure of Confidential Information, and 3 to avoid the disclosure content, files, and other material unrelated to the other 4 defendants or the facts at issue. Gangsong Defendants’ counsel shall produce all 5 text messages relating to the other defendants and/or their hoverboards by the close 6 of business on November 27, 2017. The parties’ counsel shall work out an agreed 7 forensic discovery protocol relating to production of the content on these devices 8 as soon as reasonably possible. 9 (3) Gangsong Defendants shall immediately provide its counsel with 10 identification of the email addresses used for business relating to the other 11 defendants and/or their hoverboards. The parties’ counsel shall work out an agreed 12 e-discovery protocol for searching these e-mail accounts and producing electronic 13 records/documents from them as soon as reasonably possible. 14 (4) Gangsong Defendants shall produce all bank statements from their 15 banks in their possession, custody and control from January 2017 to present, 16 subject to Confidentiality designations and/or protective order, to prevent against 17 the disclosure of Gangsong Defendants’ banking or other financial documents. 18 Gangsong Defendants shall produce such bank statements that they can download 19 from the Internet, by close of business on November 27, 2017, subject to the same 20 Confidentiality/protective order provisions. Gangsong Defendants shall request 21 any remaining statements from their bank(s) by the close of business on November 22 27, 2017, and shall promptly produce those bank statements to UL’s counsel when 23 received from said bank(s), subject to the same Confidentiality/protective order 24 provisions. 25 26 IT IS SO ORDERED. 27 28 4 [PROPOSED] ORDER 1 2 3 DATED: 11/22/17 4 By: Hon. Dale S. Fischer United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 [PROPOSED] ORDER

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