Zumba Fitness LLC v. Magea Tui Masaniai et al
Filing
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FINAL JUDGMENT including permanent injunction, against Defendant Magea Tui Masaniai by Judge Cormac J. Carney, in favor of Zumba Fitness LLC against Magea Tui Masaniai; Each party shall bear its own attorneys' fees and costs incurred in this matter. Related to: Stipulation for Judgment 9 (MD JS-6, Case Terminated). (twdb)
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JOHNSON & PHAM, LLP
Christopher Q. Pham, SBN: 206697
E-mail: cpham@johnsonpham.com
Marcus F. Chaney, SBN: 245227
E-mail: mchaney@johnsonpham.com
Ani Sakalian, SBN: 274846
E-mail: asakalian@johnsonpham.com
6355 Topanga Canyon Boulevard, Suite 115
Woodland Hills, California 91367
Telephone: (818) 888-7540
Facsimile: (818) 888-7544
JS-6
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Attorneys for Plaintiff
ZUMBA FITNESS, LLC
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Magea Tui Masaniai
E-mail: mageamasaniai@aol.com
46 Greenfield
Irvine, California 92614
Telephone: (949) 413-8616
Pro Se Defendant
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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ZUMBA FITNESS, LLC, a Florida
Limited Liability Company,
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Plaintiff,
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vs.
Case No.: SACV11-00459 CJC (Ex)
FINAL JUDGMENT, INCLUDING
PERMANENT INJUNCTION,
AGAINST DEFENDANT MAGEA
TUI MASANIAI
MAGEA TUI MASANIAI, an
Individual, and Does 1-10, Inclusive,
Defendants.
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-1[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION
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The Court, pursuant to the Stipulation For Entry of Final Judgment,
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Including Permanent Injunction (“Stipulation”), between Plaintiff ZUMBA
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FITNESS, LLC (“Plaintiff”), on the one hand, and Defendant MAGEA TUI
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MASANIAI (“Defendant”), on the other hand, hereby ORDERS, ADJUDICATES
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and DECREES that final judgment, including permanent injunction, shall be and
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hereby is entered on the Complaint in the above-referenced matter as follows:
1.
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PERMANENT INJUNCTION. Defendant and any person or entity
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acting in concert with, or at the direction of him, including any and all agents,
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servants, employees, partners, assignees, distributors, suppliers, resellers and any
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others over which he may exercise control, are hereby restrained and enjoined,
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pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, or
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authorizing or assisting any third party to engage in, any of the following activities
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in the United States and throughout the world:
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a.
copying, manufacturing, importing, exporting, marketing,
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selling, offering for sale, distributing or dealing in any product or service that uses,
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or otherwise making any use of, any Plaintiff’s Zumba Fitness® copyrights,
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trademarks, and/or any intellectual property that is confusingly or substantially
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similar to, or that constitutes a colorable imitation of, any of Plaintiff’s Zumba
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Fitness® copyrights and trademarks, whether such use is as, on, in or in connection
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with any copyright, trademark, service mark, trade name, logo, design, Internet
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use, website, domain name, metatags, advertising, promotions, solicitations,
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commercial exploitation, television, web-based or any other program, or any
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product or service, or otherwise;
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b.
performing or allowing others employed by or representing him,
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or under his control, to perform any act or thing which is likely to injure Plaintiff,
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any Plaintiff’s Zumba Fitness® copyrights and trademarks, and/or Plaintiff’s
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business reputation or goodwill;
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-2[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION
c.
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engaging in any acts of federal and/or state copyright
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infringement, trademark infringement, false designation of origin, unfair
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competition, dilution, or other act which would tend damage or injure Plaintiff;
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and/or
d.
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using any Internet domain name or website that includes any
Plaintiff’s trademarks, including the Zumba Fitness® marks.
2.
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Defendant is ordered to deliver immediately for destruction all
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unauthorized products, including counterfeit Zumba Fitness® products and related
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products, labels, signs, prints, packages, wrappers, receptacles and advertisements
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relating thereto in his possession or under his control bearing any of Plaintiff’s
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intellectual property or any simulation, reproduction, counterfeit, copy or colorable
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imitations thereof, and all plates, molds, heat transfers, screens, matrices and other
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means of making the same, to the extent that any of these items are in Defendant’s
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possession.
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3.
This Final Judgment shall be deemed to have been served upon
Defendant at the time of its execution by the Court.
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4.
The Court finds there is no just reason for delay in entering this
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Permanent Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil
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Procedure, the Court directs immediate entry of this Permanent Injunction against
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Defendant.
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5.
NO APPEALS AND CONTINUING JURISDICTION.
No
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appeals shall be taken from this Final Judgment, Including Permanent Injunction,
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and the parties waive all rights to appeal. This Court expressly retains jurisdiction
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over this matter to enforce any violation of the terms of this Final Judgment,
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Including Permanent Injunction, and the Permanent Injunction herein.
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6.
NO FEES AND COSTS. Each party shall bear its own attorneys’
fees and costs incurred in this matter.
IT IS SO ORDERED, ADJUDICATED and DECREED this 19th day of
May, 2011.
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_______________________________
HON. CORMAC J. CARNEY
United States District Judge for the Central
District of California
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-4[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION
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