3M Company et al v. Phoenix Automotive Refinishing Co., Ltd. et al

Filing 32

JUDGMENT by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of 3M and against Phoenix, in accordance with this Court's previous Order granting 3M's Motion for Default Judgment. Nominal damages are awarded to 3M in the amount of $1.00. Attorney's fees are further awarded to 3M in the amount of $65,637.00. The Court also awards costs to 3M in the amount of $10,515.39. Furthermore, the Court GRANTS 3Ms request forentry of a permanent injunction, and IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Phoenix and it's agents, servants, and employees, and all persons in active concert and participation with Phoenix who receive actual notice of the injunction are permanently enjoined (See Judgment for further details0. As no Defendants remain, the case is dismissed and the Clerk shall close this matter. IT IS SO ORDERED. 28 (MD JS-6, Case Terminated). (yl)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11 3M COMPANY; and 3M
INNOVATIVE PROPERTIES
12 COMPANY,

CV No. 17-00649-RSWL-DTB

13

JUDGMENT

14
15
16
17
18
19
20
21

)
)
)
)
Plaintiffs,
)
)
)
v.
)
)
)
PHOENIX AUTOMOTIVE
)
REFINISHING CO., LTD.; and )
K2 CONCEPTS,
)
)
Defendants.
)
)
)
)
)

WHEREAS, on April 27, 2017, this Court entered the

22 Consent Judgment against Defendant K2 Concepts [18],
23

WHEREAS, on January 8, 2018, the Court Clerk

24 entered default against Defendant Phoenix Automotive
25 Refinishing Co., Ltd. (“Phoenix”) [26], pursuant to
26 Federal Rule of Civil Procedure 55(a),
27

WHEREAS, this Court GRANTED Plaintiffs 3M Company

28 and 3M Innovative Properties Company’s (collectively,
1

1 “3M”) Motion for Default Judgment [28],
2

IT IS HEREBY ORDERED, ADJUDGED, and DECREED that

3 judgment is entered in favor of 3M and against Phoenix,
4 in accordance with this Court’s previous Order granting
5 3M’s Motion for Default Judgment.

Nominal damages are

6 awarded to 3M in the amount of $1.00.

Attorneys’ fees

7 are further awarded to 3M in the amount of $65,637.00.
8 The Court also awards costs to 3M in the amount of
9 $10,515.39.
10

Furthermore, the Court GRANTS 3M’s request for

11 entry of a permanent injunction, and IT IS HEREBY
12 ORDERED, ADJUDGED, and DECREED that Phoenix, its
13 agents, servants, and employees, and all persons in
14 active concert and participation with Phoenix who
15 receive actual notice of the injunction are permanently
16 enjoined from:
17
18
19

(1) Infringing upon 3M’s copyrights, including
Copyright No. VA 2-020-468;
(2) Directly or indirectly manufacturing,

20

purchasing, importing, exporting, advertising,

21

promoting, offering to sell, selling,

22

distributing, transferring, concealing, or

23

otherwise disposing of any products bearing

24

3M’s registered trademarks, including, but not

25

limited to Registration Nos. 2,861,036 and

26

4,156,991, and any colorable imitation thereof;

27

and

28

(3) Effectuating assignments or transfers, forming
2

1

new entities or associations, or utilizing any

2

device for the purpose of circumventing or

3

otherwise avoiding the terms of this Order or

4

aiding, abetting, contributing to, or otherwise

5

assisting anyone in infringing upon 3M’s

6

copyrights or trademarks.

7

As no Defendants remain, the case is dismissed and

8 the Clerk shall close this matter.
9
10 IT IS SO ORDERED.
11 DATED: April 25, 2018

s/ RONALD S.W.LEW

12

HONORABLE RONALD S.W. LEW
Senior U.S. District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3