Operation Technology Inc v. Cyme International T & D Inc., et al

Filing 278

STIPULATED PERMANENT INJUNCTION AND CONSENT JUDGMENT by Judge James V. Selna: Now, therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: Judgment is entered in favor of Plaintiff ETAP and against Defendant. See document for further information. (MD JS-6. Case Terminated ) (lwag)

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William J. O’Brien (Bar No. 99526)
[e-mail]
ONE LLP
9301 Wilshire Boulevard
Penthouse Suite
Beverly Hills, California 90210
Telephone: [phone]
Facsimile: (310) 943- 2085
Kristin L. Cleveland (Bar No. 184639)
[e-mail]
Salumeh R. Loesch (Admitted Pro Hac Vice)
[e-mail]
John D. Vandenberg (Admitted Pro Hac Vice)
[e-mail]
KLARQUIST SPARKMAN LLP
121 SW Salmon Street, Suite 1600
Portland, OR 97204
Telephone: [phone]
Facsimile: [phone]

JS-6

Attorneys for Plaintiff,
Operation Technology, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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OPERATION TECHNOLOGY, INC.,

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Plaintiff,
v.

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Case No. SACV 14-00999-JVS (DFMx)
Hon. James V. Selna
STIPULATED PERMANENT
INJUNCTION AND CONSENT
JUDGMENT

CYME INTERNATIONAL T & D
INC.
Defendant.

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STIPULATED INJUNCTION AND CONSENT JUDGMENT

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Plaintiff Operation Technology, Inc. (“ETAP”) pursued this action for false
advertising under Section 43(a) of the Lanham Act against Defendant CYME
International T&D Inc. (“CYME” or “Defendant”). The Parties have entered into a
confidential settlement agreement. The Parties, by and through their undersigned
counsel, consented to entry of this Permanent Injunction and Consent Judgment.
Now, therefore, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED that:
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Judgment is entered in favor of Plaintiff ETAP and against Defendant.
a.

accused materials are literally false.

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i.

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Power.Engineers” and “Independent Engineerse” “channels” on
YouTube.
ii.

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Literally false material has been distributed via email by

the following e-mail accounts: [e-mail];
[e-mail]; [e-mail];
[e-mail]; [e-mail];
[e-mail];
[e-mail];
[e-mail]; [e-mail];
[e-mail].

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Literally false material has been posted in videos

associated with “Independent Power Engineers”, “Independent

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The Court previously found on summary judgment that the

iii.

Literally false material has been posted on the following

website: ipengeineers.net.
b.

The Court hereby adopts the following Jury findings: (1) ETAP

proved by a preponderance of the evidence that defendant directly engaged in
false advertising against ETAP by creating or distributing the accused

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STIPULATED INJUNCTION AND CONSENT JUDGMENT

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statements; (2) ETAP proved by a preponderance of the evidence that Amir

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Aslani directly engaged in false advertising against ETAP by creating or

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distributing the accused statements; and (3) ETAP proved by a

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preponderance of the evidence under the Court’s instructions that Defendant

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was responsible for Amir Aslani’s conduct.

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2.

All claims are dismissed with prejudice.

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3.

The parties consent to this Court retaining jurisdiction over the action

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and compliance with the parties’ confidential settlement, and this Consent

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Judgment and Permanent Injunction.
INJUNCTION ORDER

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4.

As to Defendant: Defendant and each of its successors, officers,

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agents, employees, and attorneys and all persons, partnerships or corporations in

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present or future active concert or participation with Defendant or any other person,

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partnership or corporation acting on behalf of Defendant, are enjoined from

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advertising, publishing, repeating or disseminating, whether explicitly or implicitly

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and whether directly or indirectly, any of the statements the Court held to be

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literally false (collected in Ex. 200) (or any substantially similar statements

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disparaging ETAP software unless first verified beyond a reasonable doubt to be

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from an authentic, legitimate source and not associated with Amir Aslani or

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Defendant).

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5.

The Court hereby issues the following orders with respect to certain

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electronic resources, and authorizes ETAP to deliver a copy of this judgment to

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third parties who may control access to said resources:

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A.

All videos associated with “Independent Power Engineers,”

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“Independent Power.Engineers,” and any substantially similar named entity,

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purporting to report problems with ETAP software, are hereby ordered to be

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taken down from YouTube.

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STIPULATED INJUNCTION AND CONSENT JUDGMENT

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B.

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any future web site with substantially the same content disparaging ETAP

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shall be deactivated.

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C.

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customers as part of the smear campaign, are hereby ordered to be

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deactivated from Google: [e-mail];

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[e-mail]; [e-mail]; [e-mail];

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[e-mail]; [e-mail];

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[e-mail]; [e-mail];

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[e-mail]; [e-mail]

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Any domain for ipengeineers.net (currently ONLINENIC, INC.) and

The following “gmail” accounts associated with fake experts and fake

IT IS SO ORDERED.

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DATED: October 11, 2016

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By:
The Honorable James V. Selna

IT IS SO STIPULATED.

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Dated: October 7, 2016

KLARQUIST SPARKMAN, LLP
By: /s/ Kristin L. Cleveland
Kristin L. Cleveland
Salumeh R. Loesch
John D. Vandenberg

Dated: October 7, 2016

JONES DAY
By: /s/ Jeffrey A. LeVee
Jeffrey A. LeVee
Christopher K. Pelham

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STIPULATED INJUNCTION AND CONSENT JUDGMENT

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SIGNATURE CERTIFICATION

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Pursuant to Local Rule 5-4.3.4(a)(2)(i), Kristin L. Cleveland attests that

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concurrence in the filing of this document has been obtained from Jeffrey LeVee

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and that she is authorized to affix Mr. LeVee’s electronic signature to this

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document.

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Dated: October 7, 2016

By:/s/ Kristin L. Celveland

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STIPULATED INJUNCTION AND CONSENT JUDGMENT

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