Cree, Inc. v. LEDwise Technology, Inc. et al

Filing 35

PERMANENT INJUNCTION AGAINST DEFENDANTS LEDWISE TECHNOLOGY, INC., LEDWISE, INC., SHUIWEN LI, KEVIN LEE and ELETA TECHNOLOGY, INC. AND DISMISSAL, WITH PREJUDICE filed by Judge Andrew J. Guilford. The Court, pursuant to the Stipulation for Entry of Permanent Injunction and Dismissal, between Plaintiff Cree, Inc. ("Plaintiff"), on the one hand, and Defendants LEDwise Technology, Inc., LEDwise, Inc., ShuiWen Li, Kevin Lee and Eleta Technology, Inc. ("Defendants"), on the other hand, hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered against Defendants as follows: (see document for details). (MD JS-6. Case Terminated) (dro)

1
2

JS-6

3
4
5
6
7
8
9
10

UNITED STATES DISTRICT COURT

11

CENTRAL DISTRICT OF CALIFORNIA

12

SOUTHERN DIVISION

13
14
15
16
17
18

Case No.: 8:16-cv-02279 AG (DFMx)

CREE, INC., et al.,
Plaintiff,

PERMANENT INJUNCTION
AGAINST DEFENDANTS
LEDWISE TECHNOLOGY, INC.,
LEDWISE TECHNOLOGY, INC., et al., LEDWISE, INC., SHUIWEN LI,
KEVIN LEE and ELETA
TECHNOLOGY, INC. AND
Defendants.
DISMISSAL, WITH PREJUDICE
v.

19

Honorable Judge Andrew J. Guilford

20
21
22
23

The Court, pursuant to the Stipulation for Entry of Permanent Injunction and

24

Dismissal, between Plaintiff Cree, Inc. (“Plaintiff”), on the one hand, and

25

Defendants LEDwise Technology, Inc., LEDwise, Inc., ShuiWen Li, Kevin Lee

26

and Eleta Technology, Inc. (“Defendants”), on the other hand, hereby ORDERS,

27

ADJUDICATES and DECREES that a permanent injunction shall be and hereby is

28

entered against Defendants as follows:
-1-

PERMANENT INJUNCTION AND DISMISSAL

1

1.

PERMANENT INJUNCTION. Defendants and any person or entity

2

acting in concert with, or at their direction, including any and all agents, servants,

3

employees, partners, assignees, distributors, suppliers, resellers and any others over

4

which they may exercise control, are hereby restrained and enjoined, pursuant to

5

15 United States Code (“U.S.C.”) §1116(a), from engaging in, directly or

6

indirectly, or authorizing or assisting any third party to engage in, any of the

7

following activities:

8

(i)

copying, manufacturing, importing, exporting, purchasing,

9

marketing, advertising, offering for sale, selling, receiving, storing, fulfilling,

10

distributing or dealing in any product or service that uses, or otherwise makes any

11

use of, any of Plaintiff’s intellectual properties, including but not limited to, the

12

CREE® word and design trademarks (Reg. Nos. 2,440,530; 2,452,761; 3,935,628;

13

3,935,629; 3,938,970; 4,026,756; 3,935,630; 3,935,631; 3,938,971; 2,922,689;

14

3,998,141; 3,998,142; 4,233,855; 4,234,124; 4,641,937; 4,597,310; 4,597,311;

15

4,767,107; 4,771,402; 4,787,288), CREE LEDS® word and design trademarks

16

(Reg. Nos. 3,360,315; 4,558,924), CREE LED LIGHT® word and design

17

trademarks (Reg. No. 3,327,299), CREE LED LIGHTING® word and design

18

trademarks (Reg. Nos. 3,891,756; 3,891,765), CREE LED LIGHTING

19

SOLUTIONS® word and design trademarks (Reg. No. 3,526,887), CREE

20

TRUEWHITE® word and design trademarks (Reg. Nos. 4,029,469; 4,091,530),

21

CREE TRUEWHITE TECHNOLOGY® word and design trademarks (Reg.

22

Nos. 4,286,398; 4,099,381), and the XM-L™ word mark (Serial No. 87218890)

23

currently pending registration with the USPTO and affixed to Plaintiff’s Complaint

24

for Damages as Exhibits A - EE (ECF Dkt. 1, ¶40, Pages 8-13) (collectively,

25

“Plaintiff’s Intellectual Properties”);

26

(ii)

using,

advertising

or

displaying

Plaintiff’s

Intellectual

27

Properties to suggest that non-genuine CREE LEDs and/or LED lighting products,

28

including bulbs, flashlights and/or headlamps, have been manufactured, sponsored
-2-

PERMANENT INJUNCTION AND DISMISSAL

1

or endorsed by Plaintiff or an authorized licensee of Plaintiff; and/or
(iii)

2
3
4
5
6

owning or controlling any Internet domain name, website or

auction ID that uses any of Plaintiff’s Intellectual Properties in advertising.
2.

This Permanent Injunction shall be deemed to have been served upon

Defendants at the time of its execution by the Court.
3.

The Court finds there is no just reason for delay in entering this

7

Permanent Injunction against Defendants, and the Court directs immediate entry of

8

this Permanent Injunction against Defendants.

9

4.

NO APPEALS AND CONTINUING JURISDICTION.

No

10

appeals shall be taken from this Permanent Injunction, and the parties waive all

11

rights to appeal. This Court expressly retains jurisdiction over this matter to

12

enforce any violation of the terms of this Permanent Injunction by Defendants.

13
14
15
16

5.

NO FEES AND COSTS. Each party shall bear its/his own attorneys’

fees and costs incurred in this matter.
6.

DISMISSAL OF ACTION. Upon entry of this Permanent Injunction

against Defendants, the case shall be dismissed, with prejudice, in its entirety.

17
18
19

IT IS SO ORDERED, ADJUDICATED and DECREED this 17th day of
May, 2017.

20
21
22
23

_______________________________
HON. ANDREW J. GUILFORD
United States District Judge
Central District of California

24
25
26
27
28
-3-

PERMANENT INJUNCTION AND DISMISSAL