UL LLC v. Gangsong Group Corp. et al

Filing 99


Download PDF
JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 11 CENTRAL DISTRICT OF CALIFORNIA Case No.: 2:17-cv-08166 DSF (Ex) UL LLC, 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 JUDGMENT AGAINST DEFENDANTS SHENZHEN KEBE TECHNOLOGY CO. LTD., JING HUA ZHOU, SHENZHEN LEIDISI ELECTRONICS TECHNOLOGY CO. LTD., TRC INTERNATIONAL CORPORATION, SUM FORTUNE INTERNATIONAL GROUP, DEFANG USA, LLC, AND SUN DEFANG Defendants. 26 27 28 JUDGMENT CHI 69800408v1 1 Having considered Plaintiff UL LLC’s (“UL”) Application for Entry of Default 2 Judgment Against Defendants Shenzhen Kebe Technology Co. Ltd., Jing Hua Zhou, 3 Shenzhen Leidisi Electronics Technology Co. Ltd., TRC International Corporation, Sum 4 Fortune International Group, Defang USA, LLC, and Sun Defang (collectively, 5 “Defendants”), and the issues having been duly heard, the Court hereby GRANTS the 6 Application. Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Court 7 has found that there is no just reason to delay entering judgment for Plaintiff and against 8 Defendants, who have defaulted in this action, as all other defendants in this action (a) 9 are subject to a stipulated consent decree and permanent injunction entered by the Court 10 or requested to be entered by the Court, or (b) have had the claims against them severed 11 and transferred to the United States District Court for the Central District of Illinois. 12 Accordingly, IT IS ORDERED AND ADJUDGED that Judgment is entered in 13 favor of UL and against Defendants as follows: 14 1. Defendants are jointly and severally liable for and ordered to pay UL the 15 amount of $2,000,000.00—as statutory damages for Defendants’ willful, 16 deliberate, and unjustifiable counterfeiting of UL’s trademarks—plus 17 attorneys’ fees in the amount of $43,600.00, plus costs in the amount of 18 $400.00, for a total of $2,044,000.00. 19 2. Post-judgment interest shall accrue on the foregoing amounts pursuant to 28 U.S.C. § 1961. 20 21 3. Defendants are permanently enjoined, on the terms below. 22 Permanent Injunction: 23 UL owns the following federally registered marks: 24 MARK REG. NO. TYPE 0,782,589 Certification Mark 25 26 27 28 1 JUDGMENT CHI 69800408v1 1 MARK 2 REG. NO. 2,391,140 Certification Mark 3 4 5 TYPE UL 4,201,014 Service Mark 4,283,962 Certification Mark 6 7 8 9 10 Notwithstanding UL’s exclusive rights in and to the above referenced UL Certification 11 Marks and the UL Service Mark, Defendants adopted and have been using a mark that is 12 identical to or substantially indistinguishable from UL Certification Marks (the 13 “Counterfeit Mark”) to falsely suggest that their goods have been certified by UL. 14 Accordingly, Defendants, and their officers, members, managers, agents, servants, 15 employees, attorneys, confederates, and any persons acting in concert or participation with 16 them, or having knowledge of this order by personal service or otherwise, from: 17 i. imitating, copying, or making any other infringing use of the UL 18 Service Mark and the UL Certification Marks by the defendants’ 19 Counterfeit Mark, and any other mark now or hereafter confusingly 20 similar to the UL Service Mark or the UL Certification Mark; 21 ii. 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 Mark, the 25 UL Certification Marks, defendants’ Counterfeit Mark, or any mark 26 confusingly similar thereto; 27 iii. 28 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 JUDGMENT CHI 69800408v1 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 Mark, the UL Certification Marks, or defendants’ Counterfeit Mark in 7 any of defendants’ trade or corporate names; v. 8 engaging in any other activity constituting an infringement of the UL Service Mark, the UL Certification Marks, or of the rights of UL in, 9 10 or right to use or to exploit the UL Service Marks and the UL 11 Certification Marks; 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 14 subparagraphs (i) through (v) above. 15 16 IT IS SO ORDERED. DATED: April 30, 2019 Honorable Dale S. Fischer UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 3 JUDGMENT CHI 69800408v1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?