Adobe Systems Incorporated v. Max Bunhey et al

Filing 33

JUDGMENT by Judge Virginia A. Phillips: Pursuant to the Order filed herewith 32 , IT IS ORDERED AND ADJUDGED that Judgment is entered in favor of Plaintiff Adobe Systems Inc. against Defendants Max Bunhey and Michael Taylor. The Court orders tha t such judgment be entered. Pursuant to this Judgment, Defendant Bunhey is ordered to pay Plaintiff: (1) statutory damages in the amount of 170,000.00; (2) attorneys' fees in the amount of $7,000.00; and (3) costs in the amount of $50 0.90. Defendant Taylor is ordered to pay Plaintiff: (1) statutory damages in the amount of $64,000.00; (2) attorneys' fees in the amount of $4,240.00; and (3) costs in the amount of $486.80. (see document image for further details) (MD JS-6, Case Terminated). (ad)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 ADOBE SYSTEMS
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INCORPORATED, A DELAWARE )
12 CORPORATION,
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Plaintiff, )
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v.
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15 MAX BUNHEY, AN
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INDIVIDUAL; GERALD LEE, )
16 AN INDIVIDUAL; EROZAN
NASIRI, AN INDIVIDUAL;
17 MICHAEL TAYLOR, AN
INDIVIDUAL; MEGAN VAN
18 VALKENBURGH, AN
INDIVIDUAL; AND DOES 119 10, INCLUSIVE,
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Case No. EDCV 13-01365-VAP
(OPx)
JUDGMENT

Defendants.
________________________

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22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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Pursuant to the Order filed herewith, IT IS ORDERED

24 AND ADJUDGED that Judgment is entered in favor of
25 Plaintiff Adobe Systems Inc. against Defendants Max
26 Bunhey and Michael Taylor.
27 judgment be entered.
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The Court orders that such

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Pursuant to this Judgment, Defendant Bunhey is

2 ordered to pay Plaintiff: (1) statutory damages in the
3 amount of 170,000.00; (2) attorneys' fees in the amount
4 of $7,000.00; and (3) costs in the amount of $500.90.
5 Defendant Taylor is ordered to pay Plaintiff: (1)
6 statutory damages in the amount of $64,000.00; (2)
7 attorneys' fees in the amount of $4,240.00; and (3) costs
8 in the amount of $486.80.
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Moreover, Defendants Bunhey and Taylor ("Defendants")

11 and any person or entity acting in concert with, or at
12 the direction of, Defendants who receive actual notice of
13 this injunction, are hereby restrained and permanently
14 enjoined from engaging in, directly or indirectly, or
15 authorizing or assisting any third-party to engage in,
16 any of the following activities in the United States of
17 America and throughout the world:
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1. Copying, manufacturing, importing, exporting,

20 marketing, offering for sale, selling, distributing or
21 dealing in any product or service that uses, or otherwise
22 makes any use of, any of Adobe's registered trademarks,
23 including ADOBE®, ACROBAT®, AFTEREFFECTS®, AUDITION®,
24 CONTRIBUTE®, CREATIVE SUITE®, DREAMWEAVER®, ENCORE®,
25 FIREWORKS®, FLASH BUILDER®, FLASH CATALYST®, FLASH®,
26 ILLUSTRATOR®, INDESIGN®, LIGHTROOM®, and PHOTOSHOP® or
27 comprised of any of Adobe's copyrighted works including
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1 ACROBAT X PRO©, ADOBE AFTER EFFECT CS5.5©, ADOBE AUDITION
2 CS5.5©, ADOBE CS5.5 MASTER COLLECTION©, ADOBE DREAMWEAVER
3 CS5.5©, ADOBE FIREWORKS CS5©, ADOBE FLASH BUILDER 4.5©,
4 ADOBE FLASH PROFESSIONAL CS5.5©, ADOBE INDESIGN CS5.5©,
5 ADOBE PREMIEREPRO CS5.5©, CONTRIBUTE CS5©, DEVICE
6 CENTRAL©, ILLUSTRATOR©, INDESIGN©, LIGHTROOM©,
7 PHOTOSHOP©, and PHOTOSHOP CS5©, ("Adobe's Trademarks and
8 Copyrights"), and/or any intellectual property that is
9 confusingly or substantially similar to, or that
10 constitutes a colorable imitation of, any of Adobe's
11 Trademarks and Copyrights, whether such use is as, on, in
12 or in connection with any trademark, service mark, trade
13 name, logo, design, Internet use, website, domain name,
14 metatags, advertising, promotions, solicitations,
15 commercial exploitation, television, web-based or any
16 other program, or any product or service, or otherwise;
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2. Copying or downloading, other than for personal

19 use of valid licensed and registered ADOBE®-branded
20 software, any software containing Adobe's Trademarks and
21 Copyrights, and/or any intellectual property that is
22 confusingly or substantially similar to, or that
23 constitutes a colorable imitation of, any of Adobe's
24 Trademarks and Copyrights;
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3. Using, in any unauthorized manner whatsoever, any

27 of Adobe's Trademarks and Copyrights, trade name and/or
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1 trade dress including, but not limited to, Adobe's
2 Trademarks and Copyrights at issue in this action, any
3 variants, colorable imitations, translations and/or
4 simulations thereof and/or any items that are confusingly
5 similar thereto, including specifically:
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i. on or in conjunction with any product or

7 service; and
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ii. on or in conjunction with any advertising,

9 promotional materials, labels, packaging, or containers;
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4. Using of any trademark, copyright, trade name, or

12 trade dress that falsely represents, or is likely to
13 confuse, mislead or deceive purchasers, customers, or
14 members of the public to believe that unauthorized
15 product imported, exported, manufactured, reproduced,
16 distributed, assembled, acquired, purchased, offered,
17 sold, transferred, brokered, consigned, distributed,
18 stored, shipped, marketed, advertised and/or promoted by
19 Defendants originates from Adobe, or that said
20 merchandise has been sponsored, approved, licensed by, or
21 associated with Adobe or is, in some way, connected or
22 affiliated with Adobe;
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5. Engaging in any conduct that falsely represents or

25 is likely to confuse, mislead, or deceive purchasers,
26 customers, or members of the public to believe that
27 Defendants are connected with, or is in some way
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1 sponsored by or affiliated with Adobe, or purchases
2 product from or otherwise has a business relationship
3 with Adobe;
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6. Affixing, applying, annexing, or using in

6 connection with the manufacture, distribution,
7 advertising, sale, and/or offering for sale or other use
8 of any goods, a false description or representation,
9 including words or symbols, tending to falsely describe
10 or represent such goods as being those of Adobe.
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14 Dated: April 8, 2014
VIRGINIA A. PHILLIPS
United States District Judge

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