Panavise Products, Inc v. America Digital Accessories Corp

Filing 14

STIPULATED JUDGMENT AND PERMANENT INJUNCTION filed by Judge David O. Carter against Defendant America Digital Accessories Corp. (MD JS-6. Case Terminated) (nbo)

JS-6
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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION

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)
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Nevada corporation,
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Plaintiff,
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vs.
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AMERICA DIGITAL ACCESSORIES )
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CORP., an entity of unknown status and )
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origin d.b.a. DIGI-POWER,
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Defendant.
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PANAVISE PRODUCTS, INC., a

Case No.: SACV14-01347 DOC (ANx)
Assigned to Honorable David O. Carter
Filed: August 22, 2014
STIPULATED JUDGMENT AND
PERMANENT INJUNCTION [13]

Upon reviewing the Stipulation Re: Entry of Judgment and for Permanent

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Injunction (“Stipulation for Judgment”) filed herein, the Court approves of said

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Stipulation for Judgment, and therefore:

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JUDGMENT IN THIS MATTER IS ENTERED AS FOLLOWS:

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A.

Defendant, AMERICA DIGITAL ACCESSORIES CORP., an entity

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of unknown status and origin d.b.a. DIGI-POWER (“Defendant”), and its agents,

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employees, and shareholders, and those persons in active concert or participation

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with any of them, are permanently enjoined upon entry of this Stipulated Judgment

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and Permanent Injunction from:

STIPULATED JUDGMENT & PERMANENT INJUNCTION - 1

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(1)

Reproducing, copying, counterfeiting, colorably imitating or

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otherwise using Plaintiff’s trade dress and patents, including without limitation

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United States Patent No. D521850 (the “‘850 Patent”);

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(2)

Offering for distribution, distributing, offering for sale, or

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selling any suction cup mounts whose design, appearance or trade dress so

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resembles the distinctive design, appearance, or trade dress of Plaintiff’s suction

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cup mounts as to likely cause confusion, mistake, or deception;

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(3)

Offering for distribution, distributing, offering for sale, selling,

advertising, publicizing or promoting any suction cup mounts whose design,

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appearance or trade dress so resembles the distinctive design protected by the ‘850

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Patent as to likely cause confusion, mistake, or deception;

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(4)

Using in connection with Defendants’ products any false or

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deceptive designation, representation or description of Defendants’ or their

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products, whether by words, symbols, product design or appearance, or trade dress,

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which would damage Plaintiff;

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(5)

Using any false designation of origin, false advertising, false

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impression or false representation that tends to pass off Defendants’ products as

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those of Plaintiff in a way that is likely to cause confusion, or likely to deceive as

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to the affiliation;

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(6)

Engaging in any acts of state or common law infringement or

unfair competition which injure or would tend to injure Plaintiff;
(7)

Engaging in any unlawful acts causing injury to the business

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reputation of Plaintiff or dilution of the distinctive quality of Plaintiff’s product

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design and appearance or trade dress;

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(8)

Trading upon or appropriating the goodwill and business

reputation of Plaintiff;
(9)

Inducing, encouraging, aiding, abetting or contributing to any

of the aforementioned acts;

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(10) Advertising, displaying at trade shows, marketing in literature

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or on the internet or other promotion of any suction cup mounts whose design,

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appearance or trade dress so resembles the distinctive design, appearance, or trade

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dress of Plaintiff’s suction cup mounts, including without limitation the ‘850

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Patent, as to likely cause confusion, mistake, or deception; and

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B.

Compensatory damages, and attorneys’ fees and costs in the sum of

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$1,800.00 are to be awarded to Plaintiff, PANAVISE PRODUCTS, INC. and

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against Defendant, AMERICA DIGITAL ACCESSORIES CORP., an entity of

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unknown status and origin d.b.a. DIGI-POWER, and shall be paid in accordance

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with the terms of the Settlement Agreement.
C.

The Court retains continuing jurisdiction to enforce this Stipulated

Judgment and Permanent Injunction.
D.

The Settlement Agreement remains in full force and effect.

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DATED: November 14, 2014 By:

______________________________
Honorable David O. Carter
Judge of the United States District
Court

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STIPULATED JUDGMENT & PERMANENT INJUNCTION - 3