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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1 2 3 4 5 FRANK FRISENDA (S.B. #85580) FRISENDA, QUINTON & NICHOLSON 11601 Wilshire Blvd., Suite 500 Los Angeles, CA 90025 Telephone:(702)792-3910 Facsimile:(702)436-4176 E-Mail: frankfrisenda@aol.com Attorneys for Plaintiffs Jan Davidson et al JS-6 September 6, 2018 VC P 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 13 JAN DAVIDSON, a citizen of California, LAUGH LINES, a California Corporation, 14 15 16 17 18 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, 19 20 Defendants. 21 22 23 24 Plaintiffs Jan Davidson and Laugh Lines and Defendant Eric Hwang 25 (“Defendant Hwang”) hereby stipulate and jointly move for entry of final judgment 26 as follows: 27 28 FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION CV18-05194-SJO 1 2 WHEREAS, Plaintiffs and Defendant Hwang entered into a Settlement 3 Agreement (“Settlement Agreement”) that disposed of all the remaining claims in 4 this Action; and 5 WHEREAS, pursuant to the Settlement Agreement, Plaintiffs and Defendant 6 Hwang have agreed to the entry of a Final Consent Judgment and Permanent 7 Injunction that will provide as follows: 8 1. That this Court has subject matter jurisdiction over this action as well as 9 personal jurisdiction over Plaintiffs and Defendant Hwang. 10 2. That venue is proper in this Judicial District. 11 3. That Plaintiff Jan Davidson is the owner of U.S. Copyright Registration 12 No. VA 1-945-025, Dated January 12, 2015 entitled. “WINO EYE CHART” 13 4. That the Copyright-in-suit is valid and duly issued by the US Copyright. 14 5. That Defendant Hwang has infringed Plaintiff Davidsons Copyright by the 15 use, manufacture, sale, offer for sale, and/or importation into the U.S. versions of 16 Plaintiffs “WINO EYE CHART” (hereinafter “Accused Product”), as depicted in 17 Exhibit 4 to the Complaint for Copyright Infringement. 18 6. Pursuant to the Copyright Act, 17 U.S.C. § 501, Defendant Hwang 19 together with his officers, members, directors, agents, servants, employee and 20 affiliates thereof, representative and attorneys, and all persons acting or attempting 21 to act in concert or participation with them, are permanently enjoined and restrained 22 from making, using, offering to sell, selling, or distributing within the United 23 States, its territories and possession, or by importing into the United States, its 24 territories and possession, the Accused Products, or any other goods that are no 25 more than colorable variations thereof and that infringe the Copyrights-in-suit or 26 trademark-in-suit, during the life of the Copyrights-in-suit. 27 28 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 1 in-suit. 2 8. That the claims asserted in this litigation, be dismissed with prejudice. 3 9. That no other or further relief be granted to Plaintiffs or Defendant Hwang 4 5 6 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. 7 11. That each party will bear its own costs and attorneys’ fees for this action. 8 12. That this Court retain jurisdiction to monitor and enforce compliance 9 with this Permanent Injunction. 10 11 IT IS SO STIPULATED AND AGREED. 12 13 14 FRISENDA, QUINTON & NICHOLSON DEFENDANT ERIC HWANG By______________________ Frank Frisenda By_______________________ Eric Hwang Attorneys for Plaintiff 15 16 17 18 19 20 21 IT IS SO ORDERED AND DECREED, AND FINAL JUDGMENT IS HEREBY DATED: 9/6/18 ______________________________ Hon. 22 23 24 25 26 27 28 -3- FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION

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