UL LLC v. Gangsong Group Corp. et al

Filing 45


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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 Case No.: 2:17-cv-08166-DSF-E UL LLC, Honorable Dale S. Fischer Plaintiff, 12 13 v. 14 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, 15 16 17 18 19 20 21 22 23 24 25 26 Defendants. 27 28 1 ORDER FOR PRELIMINARY INJUNCTION AS TO DEFENDANTS TRC INTERNATIONAL CORP., SUM FORTUNE INTERNATIONAL GROUP, DEFANG USA, LLC, MANSEEMANWANT LLC, AND JAMES ELLENBERG 1 On November 9, 2017, the Court entered a temporary restraining order and order 2 to show cause for preliminary injunction (“TRO/OSC”) to the defendants in this case. 3 (Dkt. No. 16.) Defendants TRC International Corp., Sum Fortune International Group, 4 ManSeeManWant LLC, Defang USA, LLC, and James Ellenberg were served in a timely 5 manner and did not file a response to the TRO/OSC by the November 20, 2017 deadline. 6 (Dkt. No. 37.) 7 THEREFORE, IT IS HEREBY ORDERED that Defendants TRC International 8 Corp., Sum Fortune International Group, ManSeeManWant LLC, Defang USA, LLC, 9 and James Ellenberg, their agents, servants, employees, confederates, attorneys, and any 10 persons acting in concert or participation with them, or having knowledge of this Order 11 by personal service or otherwise, are preliminarily enjoined from: 12 (i) imitating, copying, or making any other infringing use of (a) the UL 13 Service Mark and variations thereof (the “UL Service Marks”), and 14 (b) the UL-in-a-circle certification mark 15 including the enhanced mark 16 the use of Defendants’ mark that is identical to or substantially 17 indistinguishable from the UL Certification Marks (the “Counterfeit 18 Mark”) or any other mark now or hereafter confusingly similar to the 19 UL Service Marks or the UL Certification Marks; 20 (ii) and variations thereof (the “UL Certification Marks”), by manufacturing, assembling, producing, distributing, offering for 21 distribution, circulating, selling, offering for sale, advertising, 22 importing, promoting, or displaying any simulation, reproduction, 23 counterfeit, copy, or colorable imitation of the UL Service Marks, the 24 UL Certification Marks, Defendants’ Counterfeit Mark, or any mark 25 confusingly similar thereto; 26 (iii) using any false designation of origin or false description or statement 27 that can or is likely to lead the trade or public or individuals 28 erroneously to believe that any good has been provided, produced, 2 1 distributed, offered for distribution, circulation, sold, offered for sale, 2 imported, advertised, promoted, displayed, licensed, sponsored, 3 approved, or authorized by or for UL, when such is not true in fact; 4 (iv) using the names, logos, or other variations thereof of the UL Service 5 Marks, the UL Certification Marks, or Defendants’ counterfeit mark 6 in any of Defendants’ trade or corporate names; 7 (v) engaging in any other activity constituting an infringement of the UL 8 Service Marks, the UL Certification Marks, or of the rights of UL in, 9 or right to use or to exploit the UL Service Marks and the UL Certification Mark; 10 11 (vi) assisting, aiding, or abetting any other person or business entity in 12 engaging in or performing any of the activities referred to in the 13 foregoing items (i) through (v); 14 (vii) moving, destroying, or otherwise disposing of any products, labels, or 15 other items, merchandise or documents bearing, relating to or used for 16 reproducing the UL Marks or any reproduction, counterfeit, copy or 17 colorable imitation thereof; and 18 (viii) removing, destroying or otherwise disposing of any business records 19 or documents, including electronic business records, relating in any 20 way to the use of the UL Marks in connection with the manufacture, 21 acquisition, purchase, distribution, offering for sale or sale of goods. 22 The previously ordered bond requirement of $20,000 remains in place. 23 IT IS SO ORDERED. 24 25 26 DATED: 11/29/17 By: Hon. Dale S. Fischer United States District Judge 27 28 3

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