Samick Music Corp. v. Garrett Gordon et al

Filing 81

ENTERING PERMANENT INJUNCTION AGAINST DEFENDANT GARRETT GORDON by Judge George H. Wu. For GOOD CAUSE shown, IT IS ORDERED, ADJUDGED, AND DECREED that a PERMANENT INJUCTION IS HEREBY ENTERED against Defendant Garret Gordon: 1. Defendant Garrett Gord on ("Defendant Gordon") and Defendant Gordon's officers, agents, servants, employees, representatives, associates, related corporate entities, owners, and operators, and/or all persons acting for, on behalf of, or in concert or coope ration with any of them (including but not limited to Defendant Naomi Mason, also known as "Kali Mason" ("Defendant Mason")) and who have notice of this Permanent Injunction, is and are hereby PERMANENTLY RESTRAINED AND ENJOINED: (see document for full details/deadlines). (mrgo)

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SAMICK MUSIC CORP.,
dba “HEALTH MATE,”

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Plaintiff,
v.

Case No. SACV 20-395-GW-JDEx
ORDER ENTERING PERMANENT
INJUNCTION AGAINST
DEFENDANT GARRETT GORDON
Action Filed: February 26, 2020

GARRETT GORDON, an individual;
NAOMI MASON, a.k.a. “KALI
MASON,” an individual;
and DOES 1-25, inclusive,
Defendants.

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-1[PROPOSED] ORDER ENTERING PERMANENT
INJUNCTION AGAINST DEFENDANT GARRETT GORDON

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PERMANENT INJUNCTION

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TO DEFENDANT GARRETT GORDON:

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The Court has reviewed and considered the Stipulation Between Plaintiff

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Samick Music Corp. and Defendant Garrett Gordon for Entry of Permanent

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Injunction Against Defendant Garrett Gordon, filed on April 26, 2021.

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For GOOD CAUSE shown, IT IS ORDERED, ADJUDGED, AND

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DECREED that a PERMANENT INJUCTION IS HEREBY ENTERED

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against Defendant Garret Gordon:

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1.

Defendant Garrett Gordon (“Defendant Gordon”) and Defendant

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Gordon’s officers, agents, servants, employees, representatives, associates, related

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corporate entities, owners, and operators, and/or all persons acting for, on behalf of,

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or in concert or cooperation with any of them (including but not limited to Defendant

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Naomi Mason, also known as “Kali Mason” (“Defendant Mason”)) and who have

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notice of this Permanent Injunction, is and are hereby PERMANENTLY

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RESTRAINED AND ENJOINED:

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a.

From any and all use of Plaintiff Samick Music Corp.’s

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HEALTH MATE Trademarks and/or its HEALTH MATE Logos, including without

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limitation, the use of the following: Health Mate’s federal trademarks registered with

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the United States Patent and Trademark Office (Nos. 2167332, 2167330, 574507,

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and 5980703); “HEALTH MATE”; “HEALTH MATE SAUNA”; “HEALTH

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MATE” combined with a lachrymiform shape trisected by two asymmetrical vertical

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swirls; a lachrymiform shape trisected by two asymmetrical vertical swirls;

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“HEALTH MATE REPLACEMENT PARTS”; or any other confusingly similar

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variation, combination, or derivation that includes the words “HEALTH MATE.”

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This provision applies, without limitation, to the use or display of any of the

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foregoing in any Internet domain name or website, business name, account,

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advertisement, customer review, purported customer review, video, email address,

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-2[PROPOSED] ORDER ENTERING PERMANENT
INJUNCTION AGAINST DEFENDANT GARRETT GORDON

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email message or transmission, text message or transmission, promotional or

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marketing materials, facsimile transmissions, invoices, letterhead, mailing, or

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packaging, whether in written, recorded, paper, or electronic form or format, for any

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reason whatsoever, or in connection with the advertisement, sale, attempted sale, or

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packaging of any product.
b.

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From any and all use of the “Health Mate” trade name or

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corporate name, including without limitation the use of “Health Mate Fulfillment,”

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“Health Mate Sauna,” “Health Mate Sauna Fulfillment,” “Health Mate Wellness,”

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“Health Mate Infrared Sauna,” “HM Corporate Sales,” or any other confusingly

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similar variation, combination, or derivation that includes the words “Health Mate”

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or the letters “HM.” This provision applies, without limitation, to the use or display

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of the word “Health Mate” or “HM” in any Internet domain name or website,

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business name, account, advertisement, customer review, purported customer

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review, video, email address, email message or transmission, text message or

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transmission, promotional or marketing materials, facsimile transmissions, invoices,

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letterhead, mailing, or packaging, whether in written, recorded, paper, or electronic

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form or format, for any reason whatsoever, or in connection with the advertisement,

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sale, attempted sale, or packaging of any product.
c.

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From registering any domain name that includes “Health Mate”

or any confusingly similar combination of words.
d.

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From assigning, transferring or otherwise hypothecating the

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healthmateparts.com domain name to anyone other than to Plaintiff or to Plaintiff’s

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designee.

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e.

From directly or indirectly accessing, using, transferring,

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transmitting, assigning, disclosing, or making available to any person or entity other

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than to Plaintiff, any of Plaintiff’s confidential or trade secret documents, data or

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information, including but not limited to the information that was contained in the

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-3[PROPOSED] ORDER ENTERING PERMANENT
INJUNCTION AGAINST DEFENDANT GARRETT GORDON

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customer resource management database known as Pipedrive prior to Defendant

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Gordon’s transfer of Pipedrive to Health Mate pursuant to the Preliminary Injunction

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entered in this matter.
f.

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Other than as specified in the Parties’ Confidential Global

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Settlement Agreement and Mutual Release of All Claims, from using or having

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possession, custody, or control of any of Plaintiff’s confidential or trade secret

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documents, data or information, including but not limited to the information that was

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contained in the customer resource management database known as Pipedrive prior

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to Defendant Gordon’s transfer of Pipedrive to Health Mate pursuant to the

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Preliminary Injunction entered in this matter.

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IT IS HEREBY FURTHER ORDERED:

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2.

Defendant Gordon and Defendant Gordon’s officers, agents, servants,

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employees, representatives, associates, related corporate entities, owners, and

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operators, and/or all persons acting for, on behalf of, or in concert or cooperation

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with any of them (including but not limited to Defendant Mason) and who have

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notice of this Order shall:
a.

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Forthwith take all necessary steps and actions to assist the

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registrar in transferring the “healthmateparts.com” domain name to Plaintiff’s

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designee.

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b.

Forthwith transfer any and all content associated with the website

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located at www.healthmateparts.com to Plaintiff’s designee, or file with the Court

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and serve on Plaintiff a certification in writing, under oath, that all such content has

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been destroyed (“Compliance Report”). To the extent such content may be in the

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possession of Expert Data Forensics (“EDF”), a Nevada-based licensed digital

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forensics investigation firm retained by Defendant Gordon, Defendant Gordon may

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rely on a written confirmation from EDF that all data in its possession has been

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destroyed. Defendant Gordon may make the certification required by this Paragraph

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-4[PROPOSED] ORDER ENTERING PERMANENT
INJUNCTION AGAINST DEFENDANT GARRETT GORDON

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2(b) individually based on a written confirmation from EDF (with such written

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confirmation to be appended to the Compliance Report) or EDF may make the

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certification on behalf of Defendant Gordon. The Compliance Report shall be filed

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and served in accordance with Paragraph 3.

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3.

By May 10, 2021, Defendant Gordon shall:
a.

Disclose to Plaintiff any and all of Defendant Gordon’s officers,

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agents, servants, employees, representatives, associates, related corporate entities,

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owners, and operators, and/or all persons acting for, on behalf of, or in concert or

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cooperation with any of them (including but not limited to Defendant Mason but

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excluding Defendant Gordon’s legal counsel in this action), who to the best of

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Gordon’s knowledge and understanding, may possess or may have custody or

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control of any of the information specified in Paragraph 1(f) above. Such disclosure

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shall include the name, last known address, last known cell phone number, and last

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known email address of the foregoing persons, if any; and

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b.

As part of the Compliance Report, file with the Court and serve

on Plaintiff a certification in writing, under oath, that:

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i. Defendant Gordon has disclosed to Plaintiff all persons in

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accordance with Paragraph 3(a), or that, to the best of Gordon’s knowledge and

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understanding, no person possesses or has custody or control of any of the

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information specified in Paragraph 1(f) above.

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ii.

Defendant Gordon does not have possession, custody, or

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control of any of Plaintiff’s confidential or trade secret documents, data or

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information, including but not limited to the information that was contained in the

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customer resource management database known as Pipedrive prior to Defendant

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Gordon’s transfer of Pipedrive to Health Mate pursuant to the Preliminary Injunction

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entered in this matter.

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-5[PROPOSED] ORDER ENTERING PERMANENT
INJUNCTION AGAINST DEFENDANT GARRETT GORDON

iii.

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To the best of Defendant Gordon’s knowledge (provided

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that Defendant Mason is not employed by Defendant Gordon as of the date of

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certification), Defendant Mason does not have possession, custody, or control of any

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of Plaintiff’s confidential or trade secret documents, data or information, including

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but not limited to the information that was contained in the customer resource

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management database known as Pipedrive prior to Defendant Gordon’s transfer of

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Pipedrive to Health Mate pursuant to the Preliminary Injunction entered in this

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matter.
iv.

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EDF does not have possession, custody, or control of any

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of Plaintiff’s confidential or trade secret documents, data or information, including

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but not limited to the information that was contained in the customer resource

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management database known as Pipedrive prior to Defendant Gordon’s transfer of

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Pipedrive to Health Mate pursuant to the Preliminary Injunction entered in this

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matter. For purposes of this paragraph, Defendant Gordon may rely on a written

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confirmation from EDF that all data in its possession has been destroyed. Defendant

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Gordon may make the certification required by this Paragraph 3(b)(iv) individually

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based on a written confirmation from EDF (with such written confirmation to be

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appended to the Compliance Report) or EDF may make the certification on behalf

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of Defendant Gordon.

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4.

By noon on May 6, 2021, Defendant Gordon shall serve on Plaintiff a

draft of the Compliance Report.
5.

Defendant Gordon shall forthwith deliver to Defendant Mason and any

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other persons described paragraph 3(a) above, if any, a copy of this Stipulated

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Permanent Injunction once entered by the Court and ask Defendant Mason to

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acknowledge receipt. Defendant Gordon shall forthwith provide notice to Plaintiff

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of compliance with this paragraph, including whether Defendant Mason

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acknowledges receipt.

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-6[PROPOSED] ORDER ENTERING PERMANENT
INJUNCTION AGAINST DEFENDANT GARRETT GORDON

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6.

Nothing herein shall prohibit Plaintiff from (a) seeking a modification

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of this Permanent Injunction if it becomes aware of additional information or other

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issues relating to Defendant Gordon’s compliance with the terms of this Permanent

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Injunction; or (b) seeking any other remedy available or permitted under law.

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7.

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Gordon.

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Nothing herein shall constitute an admission of liability by Defendant

IT IS SO ORDERED.

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Dated: April 27, 2021
Hon. George H. Wu
United States District Judge

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Submitted by:
/s/ Harvinder S. Anand
HARVINDER S. ANAND
Attorneys for Plaintiff
Samick Music Corp., dba “Health Mate”

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-7[PROPOSED] ORDER ENTERING PERMANENT
INJUNCTION AGAINST DEFENDANT GARRETT GORDON