Oakley, Inc. et al v. KH Mountain, a Hong Kong company
Filing
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REVISED FINAL JUDGMENT; PERMANENT INJUNCTION by Judge Cormac J. Carney, Related to: MOTION for Default Judgment against Defendant KH Mountain 20 (twdb)
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Michael K. Friedland (SBN 157,217)
mfriedland@kmob.com
Paul N. Conover (SBN 192,358)
pconover@kmob.com
Ali S. Razai (SBN 246,922)
ali.razai@kmob.com
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
Irvine, CA 92614
Telephone: (949) 760-0404
Facsimile: (949) 760-9502
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Attorneys for Plaintiffs Oakley, Inc. and Eye Safety Systems, Inc.
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NOTE: CHANGES MADE BY THE COURT
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IN THE UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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SOUTHERN DIVISION
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OAKLEY, INC., a Washington
corporation; EYE SAFETY SYSTEMS,
INC., a Delaware corporation
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Plaintiffs,
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v.
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KH MOUNTAIN, a Hong Kong company, )
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Defendant.
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Case No.
SACV 10-cv-01978 CJC (PLAx)
[PROPOSED] REVISED FINAL
JUDGMENT; PERMANENT
INJUNCTION
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Per the Court’s request Plaintiffs Oakley, Inc. and Eye Safety Systems,
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Inc. submit this Revised Proposed Judgment and Order Regarding Plaintiffs’
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Motion for Default Judgment Against Defendant Pursuant to Federal Rule of
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Civil Procedure 55(b)(2), and all documents in support of Plaintiffs’ Motion for
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Default Judgment, as well as any other evidence and arguments submitted by
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the parties, and good cause being shown, HEREBY ORDERS:
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1.
Defendant and its officers, agents, employees, and all those persons
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in active concert or participation with them who receive actual notice of this
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order by personal service or otherwise, are hereby permanently enjoined and
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restrained from directly or indirectly infringing Eye Safety Systems, Inc.’s
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(“ESS”) U.S. Patent No. 6,047,410 (“the ‘410 patent”) in violation of 35 U.S.C.
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§ 271 by making, using, selling, offering for sale and/or importing products
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which are covered by one or more claims of the ‘410 patent, including but not
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limited to KH Mountain’s (“KHM”) “Tactical ESS Fan Goggle” and “Oakley
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Style Military Polycarbonate Protection Glasses” products (“Accused
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Products”);
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2.
Defendant and its officers, agents, and employees and all those
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persons in active concert or participation with them who receive actual notice of
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this order by personal service or otherwise, are hereby permanently enjoined
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and restrained from directly or indirectly infringing ESS’s United States Patent
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No. D510,378 patent (“the D378 patent”) in violation of 35 U.S.C. § 271 by
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making, using, selling, offering for sale and/or importing products which are
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covered by one or more claims of the D378 patent or are merely a colorable
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variation thereof, including but not limited to the Accused Products;
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3.
Defendant and its officers, agents, employees, and all those persons
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in active concert or participation with them who receive actual notice of this
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order by personal service or otherwise, are hereby permanently enjoined and
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restrained from:
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A.
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Using, copying, simulating, or in any other way infringing
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Plaintiffs’ federally registered and common law service marks, trade names, and
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trade dress reflected in Federal Trademark Registration Nos. 1,521,599,
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1,356,297 and 2,449,579 (“Plaintiffs’ Marks”);
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Manufacturing, importing, exporting, distributing, shipping,
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introducing into commerce, offering for sale, selling, returning, disposing of,
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packaging, repackaging, marketing, advertising, or supplying any goods which
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bear, embody, display or affix Plaintiffs’ Marks, including but not limited to the
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Accused Products;
C.
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Diluting and infringing any of Plaintiffs’ Marks or any other
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trademarks owned by Plaintiffs and damaging Plaintiffs’ goodwill, reputation,
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and businesses;
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4.
This Court retains jurisdiction over this matter for the purpose of
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making any further orders necessary or proper for the construction of this
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Judgment, the enforcement thereof and the punishment of any violations
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thereof.
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5.
Plaintiffs are entitled to $20,650.33 in attorneys’ fees.
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6.
Defendant shall immediately destroy, or cause to be destroyed all
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sunglasses, goggles and any other goods which bear Plaintiffs’ marks or any
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mark confusingly similar to Plaintiffs’ marks.
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After this Default Judgment has been entered by the Court,
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Plaintiffs shall promptly serve a copy of it on Defendant, and Plaintiffs shall file
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with the Court a proof of service thereof within 10 days thereafter.
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IT IS SO ORDERED
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Date: November 01, 2011
By:
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101611
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The Honorable Cormac J. Carney
United States District Judge
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