Simple Design Ltd. v. snaptubeofficial3

Filing 33

JUDGMENT by Judge John F. Walter. Defendant, its 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. (MD JS-6, Case Terminated). (iv)

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1 2 3 NOTE CHANGES MADE BY COURT 4 JS-6 5 6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 7 8 9 10 SIMPLE DESIGN LTD., a British Virgin Islands limited company, 13 JUDGMENT Plaintiff, 11 12 Case No.: 2:22-cv-03257-JFW-PDx v. snaptubeofficial3, Defendant. 14 15 16 17 18 19 Plaintiff Simple Design Ltd. (“Plaintiff”) sued Defendant snaptubeofficial3 (“Defendant”) for intellectual property claims related to an icon design used for a video downloader mobile application. See Complaint (Docket No. 1). Defendant has not appeared in this case, and upon 20 Plaintiff’s motion, the clerk entered default against Defendant on October 3, 2022. See Docket 21 No. 26. On November 15, 2022, the Court granted Plaintiff’s Motion for Default Judgment and 22 determined that Plaintiff was entitled to have judgment entered in its favor and against Defendant 23 in the form of a permanent injunction to prevent Defendant from continuing its infringing 24 activities. 25 JUDGMENT 1 1 2 3 4 5 Having reviewed the Complaint, records and supporting documents filed in support of Plaintiff’s Motion for Default Judgment, the Court hereby orders that: 1) Defendant, its 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: 6 7 8 a) using the 9 is substantially similar to Plaintiff’s U.S. Trademark Registration No. 6062747, or 10 any of Plaintiff’s trademarks relating to Plaintiff’s mobile applications for 11 image or any other logo, icon, or other identifying mark that downloading and playing videos, and remove any mobile application or other 12 13 14 product using the 15 affiliated or authorized by Plaintiff to be sold or made available for download on 16 Google Play or any other online platform; 17 b) committing any acts that cause consumers to believe that Defendant’s mobile 18 application(s) is/are sold and/or offered for download under the authorization, 19 20 21 image or other substantially similar image that is not control, or supervision of Plaintiff, or is/are sponsored by, approved by, or otherwise connected with Plaintiff; and c) further infringing Plaintiff’s Registration No. 6062747, or any of Plaintiff’s 22 23 24 trademarks relating to Plaintiff’s mobile applications for downloading and playing videos and damaging Plaintiff’s goodwill and reputation. 25 JUDGMENT 2 1 2) Defendant shall, within ten (10) business days after receipt of notice of this Judgment, 2 remove its infringing mobile applications from any online platform which Defendant’s mobile 3 applications may be available. 4 5 6 3) Should Defendant’s infringing mobile applications remain active on any online platform after ten (10) business days following Defendant’s receipt of this Judgment, and upon Plaintiff’s request, any online platforms (collectively, the “Third Party Providers”), shall, within ten (10) 7 8 9 business days after receipt of such request by Plaintiff, remove Defendant’s infringing mobile applications from the Third Party Provider’s respective online platform. 10 11 Entered this 18th day of November 2022. ______________________ Hon. John F. Walter District Court Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGMENT 3

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