Adobe Systems Incorporated v. Max Bunhey et al
Filing
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PERMANENT INJUNCTION AND DISMISSAL, WITH PREJUDICE, AS TO DEFENDANT GERALD LEE filed by Judge Virginia A. Phillips: (see document image for further details). (ad)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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ADOBE SYSTEMS INCORPORATED,
a Delaware Corporation,
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Plaintiff,
v.
Case No.: EDCV13-01365 VAP (OPx)
PERMANENT
INJUNCTION AND DISMISSAL,
WITH PREJUDICE, AS TO
DEFENDANT GERALD LEE
MAX BUNHEY, an Individual;
GERALD LEE, an Individual; FROZAN
NASIRI, an Individual; MICHAEL
TAYLOR, an Individual; MEGAN VAN
VALKENBURGH, an Individual; and
DOES 1-10, Inclusive,
Defendants.
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The Court, pursuant to the Stipulation for Entry of Permanent Injunction
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(“Stipulation”), between Plaintiff ADOBE SYSTEMS INCORPORATED
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(“Plaintiff”), on the one hand, and Defendant GERALD LEE (“Defendant”), on
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the other hand, hereby ORDERS, ADJUDICATES and DECREES that a
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permanent injunction shall be and hereby is entered against Defendant as follows:
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1.
PERMANENT INJUNCTION. Defendant and any person or entity
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acting in concert with, or at his direction, including any and all agents, servants,
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employees, partners, assignees, distributors, suppliers, resellers and any others
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over which he may exercise control, are hereby restrained and enjoined, pursuant
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to 15 U.S.C. §1116, from engaging in, directly or indirectly, or authorizing or
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assisting any third party to engage in, any of the following activities in the United
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States and throughout the world:
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a.
importing, exporting, marketing, selling, offering for sale,
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distributing or dealing in any product or service that unlawfully uses, or otherwise
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makes any unlawful use of, any of Plaintiff’s Trademarks and Copyrights, which
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are attached and incorporated by reference hereto as Exhibits A and B
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(“Plaintiff’s Trademarks and Copyrights”), including but not limited to the
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ADOBE® and CREATIVE SUITE® marks and works, and/or any Intellectual
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Property that is confusingly or substantially similar to, or that constitutes a
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colorable imitation of, any of Plaintiff’s Trademarks and Copyrights, whether
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such use is as, on, in or in connection with any trademark, service mark, trade
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name, logo, design, Internet use, website, domain name, metatags, advertising,
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promotions, solicitations, commercial exploitation, television, web-based or any
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other program, or any product or service, or otherwise;
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b.
copying or downloading, other than for personal use of a
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validly licensed and registered software, any software containing Plaintiff’s
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Trademarks and Copyrights, including but not limited to the ADOBE® and
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CREATIVE SUITE® marks and works, and/or any Intellectual Property that is
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confusingly or substantially similar to, or that constitutes a colorable imitation of,
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any of Plaintiff’s Trademarks and Copyrights;
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c.
performing or allowing others employed by or representing
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him, or under his control, to perform any act or thing which is likely to injure
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Plaintiff, any of Plaintiff’s Trademarks and Copyrights, including but not limited
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to the ADOBE® and CREATIVE SUITE® marks and works, and/or Plaintiff’s
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business reputation or goodwill, including making disparaging, negative, or
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critical comments regarding Plaintiff or its products;
d.
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engaging in any acts of federal and/or state trademark
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infringement, false designation of origin, unfair competition, dilution, federal
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copyright infringement, or other act which would tend damage or injure Plaintiff;
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and/or
e.
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using any Internet domain name or website that unlawfully
includes any of Plaintiff’s Trademarks and Copyrights, including the ADOBE®
and CREATIVE SUITE® marks and works.
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Defendant is ordered to deliver immediately for destruction all
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unauthorized products, including counterfeit ADOBE® and/or CREATIVE
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SUITE® software products and related products, labels, signs, prints, packages,
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wrappers, receptacles and advertisements relating thereto in his possession or
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under his control bearing any of Plaintiff’s Trademarks and Copyrights, or any
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intellectual property or simulation, reproduction, counterfeit, copy or colorable
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imitations thereof, to the extent that any of these items are in Defendant’s
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possession, custody, or control
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3.
This Permanent Injunction shall be deemed to have been served upon
Defendant at the time of its execution by the Court.
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The Court finds there is no just reason for delay in entering this
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Permanent Injunction, and the Court directs immediate entry of this Permanent
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Injunction against Defendant.
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5.
DISMISSAL. Upon entry of this Permanent Injunction the case shall
be dismissed, with prejudice, in its entirety as to Defendant.
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NO APPEALS AND CONTINUING JURISDICTION.
No
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appeals shall be taken from this Permanent Injunction, and the parties waive all
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rights to appeal. This Court expressly retains jurisdiction over this matter to
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enforce any violation of the terms of this Permanent Injunction.
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NO FEES AND COSTS.
Each party shall bear its/his own
attorneys’ fees and costs incurred in this matter.
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IT IS SO ORDERED, ADJUDICATED and DECREED this _9th__ day of
January, 2014.
_______________________________
HON. VIRGINIA A. PHILLIPS
United States District Judge
Central District of California
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