UL LLC v. Gangsong Group Corp. et al

Filing 38

ORDER FOR STIPULATED PRELIMINARY INJUNCTION AS TO DEFENDANTS GANGSONG GROUP CORP. AKA LOGISTICS PUBLIC WAREHOUSE FLYING MEDICAL USA LLC, AND THOMAS SOON CHIAH by Judge Dale S. Fischer. (See document for details) (mrgo)

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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-08166-DSF-Ex

UL LLC,
Plaintiff,

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ORDER FOR

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v.

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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,

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STIPULATED PRELIMINARY
INJUNCTION AS TO DEFENDANTS
GANGSONG GROUP CORP. AKA
LOGISTICS PUBLIC WAREHOUSE
FLYING MEDICAL USA LLC, AND
THOMAS SOON CHIAH

Defendants.

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[PROPOSED] ORDER

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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”).
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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
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(i)

imitating, copying, or making any other infringing use of (a) the UL

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Service Mark and variations thereof (the “UL Service Marks”), and

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(b) the UL-in-a-circle certification mark

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including the enhanced mark

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the use of Defendants’ mark that is identical to or substantially

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indistinguishable from the UL Certification Marks (the “Counterfeit

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Mark”) or any other mark now or hereafter confusingly similar to the

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UL Service Marks or the UL Certification Marks;

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(ii)

and variations thereof

(the “UL Certification Marks”), by

manufacturing, assembling, producing, distributing, offering for

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distribution, circulating, selling, offering for sale, advertising,

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importing, promoting, or displaying any simulation, reproduction,

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counterfeit, copy, or colorable imitation of the UL Service Marks, the

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UL Certification Marks, Defendants’ Counterfeit Mark, or any mark

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confusingly similar thereto;

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(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
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[PROPOSED] ORDER

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erroneously to believe that any good has been provided, produced,

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distributed, offered for distribution, circulation, sold, offered for sale,

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imported, advertised, promoted, displayed, licensed, sponsored,

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approved, or authorized by or for UL, when such is not true in fact;
(iv)

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using the names, logos, or other variations thereof of the UL Service

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Marks, the UL Certification Marks, or Defendants’ counterfeit mark

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in any of Defendants’ trade or corporate names;
(v)

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engaging in any other activity constituting an infringement of the UL

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Service Marks, the UL Certification Marks, or of the rights of UL in,

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or right to use or to exploit the UL Service Marks and the UL

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Certification Mark; and
(vi)

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assisting, aiding, or abetting any other person or business entity in

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engaging in or performing any of the activities referred to in the

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foregoing items (i) through (v);

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IT IS FURTHER ORDERED that:
(1)

Gangsong Defendants shall have until November 27, 2017 to produce

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the documents and information required by the TRO/OSC (Dkt. No. 16 at p. 6, lns.

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1-22),

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“confidential”/nonpublic designation, as to pages, portions, or elements thereof

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that contain nonpublic, confidential, sensitive, or otherwise, business/proprietary

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information (“Confidential Information”), and to which Plaintiff may reserve the

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rights to challenge any such designation(s);

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(2)

which

Gangsong

Defendants

may

produce

pursuant

to

Gangsong Defendants shall make the personal laptop and cell phone

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of Thomas Soon Chiah, and any other agents, employees, officers, or managers of

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Gangsong Defendants involved in business relating to the other defendants, to

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make content relevant to the Plaintiff’s claims available for forensic imaging no

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later than November 27, 2017, with imaging performed on-site or in any event not

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exceeding three (3) days of interruption of device use by the device owner, subject
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[PROPOSED] ORDER

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to a protective order and/or other confidentiality designations by Gangsong

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Defendants to protect the inadvertent disclosure of Confidential Information, and

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to avoid the disclosure content, files, and other material unrelated to the other

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defendants or the facts at issue. Gangsong Defendants’ counsel shall produce all

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text messages relating to the other defendants and/or their hoverboards by the close

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of business on November 27, 2017. The parties’ counsel shall work out an agreed

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forensic discovery protocol relating to production of the content on these devices

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as soon as reasonably possible.

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(3)

Gangsong Defendants shall immediately provide its counsel with

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identification of the email addresses used for business relating to the other

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defendants and/or their hoverboards. The parties’ counsel shall work out an agreed

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e-discovery protocol for searching these e-mail accounts and producing electronic

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records/documents from them as soon as reasonably possible.

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(4)

Gangsong Defendants shall produce all bank statements from their

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banks in their possession, custody and control from January 2017 to present,

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subject to Confidentiality designations and/or protective order, to prevent against

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the disclosure of Gangsong Defendants’ banking or other financial documents.

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Gangsong Defendants shall produce such bank statements that they can download

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from the Internet, by close of business on November 27, 2017, subject to the same

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Confidentiality/protective order provisions. Gangsong Defendants shall request

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any remaining statements from their bank(s) by the close of business on November

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27, 2017, and shall promptly produce those bank statements to UL’s counsel when

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received from said bank(s), subject to the same Confidentiality/protective order

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provisions.

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IT IS SO ORDERED.

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[PROPOSED] ORDER

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By:
Hon. Dale S. Fischer
United States District Judge

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[PROPOSED] ORDER