Jan Davidson et al v. Brain Buster Enterprises LLC et al

Filing 21

FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT ERIC HWANG by Judge S. James Otero ( MD JS-6. Case Terminated ) (lc)

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FRANK FRISENDA (S.B. #85580)
FRISENDA, QUINTON & NICHOLSON
11601 Wilshire Blvd., Suite 500
Los Angeles, CA 90025
Telephone:[phone]
Facsimile:[phone]
E-Mail: [e-mail]
Attorneys for Plaintiffs Jan Davidson et al

JS-6

September 6, 2018

VC
P

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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JAN DAVIDSON, a citizen of California,
LAUGH LINES, a California
Corporation,

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vs.

Plaintiff,

Case No. 2:18-CV-05194-SJO-JCx
FINAL CONSENT JUDGMENT AND
PERMANENT INJUNCTION

BRAIN BUSTER ENETRPRISES, LLC
a Florida Limited Liability Company,
ERIC HWANG, a citizen of Washington
and DOES 1 thru 10 inclusive,

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Defendants.

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Plaintiffs Jan Davidson and Laugh Lines and Defendant Eric Hwang

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(“Defendant Hwang”) hereby stipulate and jointly move for entry of final judgment

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as follows:

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FINAL CONSENT JUDGMENT AND
PERMANENT INJUNCTION
CV18-05194-SJO

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WHEREAS, Plaintiffs and Defendant Hwang entered into a Settlement

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Agreement (“Settlement Agreement”) that disposed of all the remaining claims in

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this Action; and

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WHEREAS, pursuant to the Settlement Agreement, Plaintiffs and Defendant

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Hwang have agreed to the entry of a Final Consent Judgment and Permanent

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Injunction that will provide as follows:

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1. That this Court has subject matter jurisdiction over this action as well as

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personal jurisdiction over Plaintiffs and Defendant Hwang.

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2. That venue is proper in this Judicial District.

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3. That Plaintiff Jan Davidson is the owner of U.S. Copyright Registration

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No. VA 1-945-025, Dated January 12, 2015 entitled. “WINO EYE CHART”

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4. That the Copyright-in-suit is valid and duly issued by the US Copyright.

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5. That Defendant Hwang has infringed Plaintiff Davidsons Copyright by the

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use, manufacture, sale, offer for sale, and/or importation into the U.S. versions of

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Plaintiffs “WINO EYE CHART” (hereinafter “Accused Product”), as depicted in

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Exhibit 4 to the Complaint for Copyright Infringement.

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6. Pursuant to the Copyright Act, 17 U.S.C. § 501, Defendant Hwang

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together with his officers, members, directors, agents, servants, employee and

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affiliates thereof, representative and attorneys, and all persons acting or attempting

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to act in concert or participation with them, are permanently enjoined and restrained

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from making, using, offering to sell, selling, or distributing within the United

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States, its territories and possession, or by importing into the United States, its

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territories and possession, the Accused Products, or any other goods that are no

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more than colorable variations thereof and that infringe the Copyrights-in-suit or

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trademark-in-suit, during the life of the Copyrights-in-suit.

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7. The Final Judgment shall be entered in favor of Plaintiffs against
Defendant Hwang on Plaintiffs causes of action for infringement of the Copyrights-2-

FINAL CONSENT JUDGMENT AND
PERMANENT INJUNCTION

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in-suit.

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8. That the claims asserted in this litigation, be dismissed with prejudice.

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9. That no other or further relief be granted to Plaintiffs or Defendant Hwang

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with respect to each other.
10. That Plaintiffs and Defendant Hwang affirmatively waive any and all
rights to appeal this Final Consent Judgment and Permanent Injunction.

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11. That each party will bear its own costs and attorneys’ fees for this action.

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12. That this Court retain jurisdiction to monitor and enforce compliance

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with this Permanent Injunction.

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IT IS SO STIPULATED AND AGREED.

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FRISENDA, QUINTON &
NICHOLSON

DEFENDANT ERIC HWANG

By______________________
Frank Frisenda

By_______________________
Eric Hwang Attorneys for Plaintiff

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IT IS SO ORDERED AND DECREED, AND FINAL JUDGMENT IS
HEREBY
DATED:

9/6/18

______________________________
Hon.

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FINAL CONSENT JUDGMENT AND
PERMANENT INJUNCTION