Simple Design Ltd. v. Workshopplace 2021

Filing 29

ORDER ENTERING FINAL DEFAULT JUDGMENT by Judge George H. Wu. Having reviewed the complaint, records and supporting documents filed in regard to Plaintiff's Motion for Default Judgment, hereby orders that: 1) Defendants, their affiliates, office rs, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be permanently enjoined and restrained from: a) using the or images or any other logo, icon, or other identi fying mark that is substantially similar to Plaintiff's U.S. Trademark Registration Nos. 5649413, 6275687, 6142912, 5836412, 6120449, 5601295, 6275685, or any of Plaintiff's trademarks relating to Plaintiff's family of fitness and heal th mobile applications, and remove any mobile application or other product using the or images or other substantially similar image that is not affiliated or authorized by Plaintiff to be sold or made available for download on Google Play or any other online platform; (SEE DOCUMENT FOR FURTHER DETAILS). ( MD JS-6. Case Terminated ), (aco)

JS-6
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DAVID SILVER, ESQ. (California Bar No. 312445; Nevada Bar No. 15641)
[e-mail]
BAYRAMOGLU LAW OFFICES LLC
1540 West Warm Springs Road, Suite 100
Henderson, NV 89014
Telephone: [phone]
Facsimile: 702.553.3404
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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SIMPLE DESIGN LTD., a British
Virgin Islands limited company,

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Plaintiff,

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v.

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WORKSHOPPLACE 2021,

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Case No.: CV 22-2776-GW-KSx
ORDER ENTERING
FINAL DEFAULT JUDGMENT

Defendant.

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Before the Court is Plaintiff Simple Design Ltd. (“Plaintiff”)’s motion for the
Court to enter final default judgment against Defendant WORKSHOPPLACE 2021

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(“Defendant”). Having reviewed the complaint, records and supporting documents
filed in regard to Plaintiff’s Motion for Default Judgment, hereby orders that:
1) Defendants, their affiliates, officers, agents, servants, employees,
attorneys, confederates, and all persons acting for, with, by, through, under or in
active concert with them be permanently enjoined and restrained from:

[PROPOSED] ORDER ENTERING
1 FINAL DEFAULT JUDGMENT

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a) using the

or

images or any other logo, icon, or

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other identifying mark that is substantially similar to Plaintiff’s U.S.

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Trademark Registration Nos. 5649413, 6275687, 6142912, 5836412,

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6120449, 5601295, 6275685, or any of Plaintiff’s trademarks relating
to Plaintiff’s family of fitness and health mobile applications, and

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remove any mobile application or other product using the

or

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images or other substantially similar image that is not

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affiliated or authorized by Plaintiff to be sold or made available for

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download on Google Play or any other online platform;

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b) committing any acts calculated to cause consumers to believe that

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Defendant’s mobile application(s) is/are sold and/or offered for

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download under the authorization, control or supervision of Plaintiff,

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or is sponsored by, approved by, or otherwise connected with Plaintiff;

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c) further infringing Plaintiff’s Registration Nos. 5649413, 6275687,

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6142912, 5836412, 6120449, 5601295, 6275685, or any of Plaintiff’s

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[PROPOSED] ORDER ENTERING
2 FINAL DEFAULT JUDGMENT

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trademarks relating to Plaintiff’s family of fitness and health mobile
applications and damaging Plaintiff’s goodwill and reputation; and

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d) creating, providing, or offering for sale or download a substantially

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similar fitness and health mobile application not created or authorized

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by or for Plaintiff which bear any of Plaintiff’s trademarks or utilize

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any of Plaintiff’s copyrights, including but not limited to U.S.

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Registration Nos. 5649413, 6275687, 6142912, 5836412, 6120449,

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5601295, 6275685, or any of Plaintiff’s trademarks relating to

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Plaintiff’s family of fitness and health mobile applications and U.S.

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Copyright Registration Nos. TX 8-443-958, TX 8-553-199, TX 8-553224, VA 2-211-951, TX 8-570-333, and VA 2-123-287.
2) Defendant shall, within ten (10) business days after receipt of such notice,
remove its infringing mobile applications from any other online platform which

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Defendant’s mobile applications may be available.

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3) Should Defendant’s infringing mobile applications remain active on any

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online platform after ten (10) business days following Defendant’s receipt of this

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Order, and upon Plaintiff’s request, any other online platforms (collectively, the

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“Third Party Providers”), shall, within ten (10) business days after receipt of such

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[PROPOSED] ORDER ENTERING
3 FINAL DEFAULT JUDGMENT

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request by Plaintiff, remove Defendant’s infringing mobile applications from the
Third Party Provider’s respective online platform.

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Entered this 1st day of August, 2022
______________________
HON. GEORGE H. WU,
U.S. District Judge

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[PROPOSED] ORDER ENTERING
4 FINAL DEFAULT JUDGMENT