Amazon.com, Inc. v. Michael Abbara et al

Filing 12

JUDGMENT by Judge David O. Carter, in favor of Amazon.com, Inc. against Michael Abbara. Having carefully considered the moving papers and considered the parties' arguments, the Court GRANTS the Petition and hereby enters final judgment against Respondent and ORDERS, ADJUDGES, and DECREES as follows: (see document for details). (dro)

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Caitlin C. Blanche (SBN 254109)
[e-mail]
Andrew S. Gahan (SBN 300598)
[e-mail]
K&L GATES LLP
1 Park Plaza
Twelfth Floor
Irvine, CA 92614
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
AMAZON.COM, 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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AMAZON.COM, INC., a Delaware
corporation

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JUDGMENT

Petitioner,

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Case No.: 8:17-cv-00213-DOC (KESx)

vs.

Hon. David O. Carter

MICHAEL ABBARA, an individual, and
DOES 1 through 10,

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Respondents.

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This action came before the Court, the Honorable David O. Carter, United States

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District Judge presiding, on Petitioner Amazon.com, Inc.’s (“Amazon” or “Petitioner”)

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Petition to Confirm Arbitration Award (“Petition”) against Respondent Michael

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Abbara (“Abbara” or “Respondent”) (Dkt. 1). Having carefully considered the moving

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papers and considered the parties’ arguments, the Court GRANTS the Petition and

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hereby enters final judgment against Respondent and ORDERS, ADJUDGES, and

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DECREES as follows:

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1.

On October 31, 2016, the Hon. George A. Finkle, Ret., of the American

Arbitration Association, rendered an arbitration award in favor of Amazon and against
Abbara (the “Award”);
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Amazon timely sought to confirm the Award by filing the Petition on

February 7, 2017;
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Respondent has not sought to vacate, modify, or challenge the arbitration

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Award, and the Award has not been vacated, modified, or corrected pursuant to 9

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U.S.C. §§ 10 or 11. In addition, the Court finds no evidence of any of the allowable

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grounds for vacation;

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4.

Accordingly, the Award is CONFIRMED in its entirety;

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5.

It is hereby ORDERED that Respondent shall pay $133,273, representing

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Lanham Act damages awarded to Petitioner under the Award;
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It is hereby ORDERED further that Respondent shall pay $7,500,

representing attorney’s fees awarded to Petitioner under the Award;
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It is hereby ORDERED further Respondent shall pay $9,500,

representing costs awarded to Petitioner under the Award;
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It is hereby ORDERED further that Respondent, together with his

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officers, agents, representatives, servants, employees, attorneys, successors and assigns

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are permanently enjoined from:

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(a) selling products on any of Amazon’s websites;

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(b) opening any Amazon account;
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(c) accessing Amazon’s services in any manner whatsoever; and

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(d) assisting, aiding or abetting any other person or business entity in

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engaging or performing any of the activities referred to in

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subparagraphs (a) – (c) of this paragraph.

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IT IS SO ORDERED.

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Dated: March 14, 2017
DAVID O. CARTER
U.S. District Judge

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