McGraw-Hill Global Education Holdings, LLC et al v. Stolyarchuk

Filing 29

JUDGMENT signed by Senior Judge William B. Shubb on 1/11/2019 ENTERING final judgment for Plaintiffs McGraw-Hill Global Education Holdings, LLC; Pearson Education, Inc.; and Cengage Learning, Inc. against Defendant Yaroslav Stolyarchuk, and ORDERING that a permanent injunction is ENTERED in this action. It is further ORDERED that all funds in the accounts listed shall be transferred to Oppenheim + Zebrak, LLP for the benefit of Plaintiffs, and that the Court retains jurisdiction of this matter in law and equity for purposes of enforcing this Order and/or adjudicating claims of violations of this Order. CASE CLOSED. (Huang, H)

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NAOMI JANE GRAY (SBN 230171)
SHADES OF GRAY LAW GROUP, P.C.
100 Shoreline Highway, Suite 100B
Mill Valley, CA 94941
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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SCOTT ZEBRAK (admitted pro hac vice)
OPPENHEIM + ZEBRAK, LLP
5225 Wisconsin Avenue NW, Suite 503
Washington, D.C. 20015
Telephone: [phone]
Facsimile: [phone]
[e-mail]

KEVIN W. ISAACSON (SBN 281067)
CLARK A. WALDON (SBN 312696)
ROPERS, MAJESKI, KOHN & BENTLEY
50 West San Fernando Street, Suite 1300
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
YAROSLAV STOLYARCHUK

Attorneys for Plaintiffs
MICHAEL J. IONANNOU (SBN 95208)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MCGRAW-HILL GLOBAL
EDUCATION HOLDINGS, LLC,
PEARSON EDUCATION, INC., and
CENGAGE LEARNING, INC.,

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v.
YAROSLAV STOLYARCHUK,
Defendant.

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[PROPOSED] FINAL JUDGMENT AND
PERMANENT INJUNCTION

Plaintiff,

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Case No. 2:17-cv-01716-WBS-DB

Upon the Stipulation for Entry of Judgment and Permanent Injunction Against Defendant
Yaroslav Stolyarchuk ("Defendant"), it is here
ORDERED that final judgment is ENTERED for Plaintiffs McGraw-Hill Global
Education Holdings, LLC, Pearson Education, Inc., and Cengage Learning, Inc., (hereinafter,
"Plaintiffs") against Defendant. Each party shall bear its own costs and expenses, including its
attorney's fees.

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[PROPOSED]
JUDGMENT AND PERMANENT INJUNCTION 1

CASE NO. 17-cv-01716-WBS-DB

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It is FURTHER ORDERED that a permanent injunction is ENTERED in this action.

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Defendant, along with his agents, servants, representatives, employees, successors, and assigns,

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and all those acting in concert or in participation with any of them, shall not:

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a.

Directly or indirectly infringe any of Plaintiffs’ Copyrighted Works1 or
Plaintiffs’ Marks;2

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b.

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Manufacture, import, distribute, sell, or offer to sell any unauthorized copies
of Plaintiffs' Copyrighted Works;

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c.

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Knowingly enable, facilitate, permit, assist, solicit, encourage or induce
others to manufacture, import, distribute, sell, or offer to sell any

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unauthorized copies of Plaintiffs' Copyrighted Works;

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d.

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Advertise, promote, distribute, sell, or offer to sell any products containing
unauthorized reproductions of Plaintiffs' Marks; or

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e.

Knowingly enable, facilitate, permit, assist, solicit, encourage or induce

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others to advertise, promote, distribute, sell, or offer to sell any products

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containing unauthorized reproductions of Plaintiffs' Marks.

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It is FURTHER ORDERED that all funds in the accounts listed below shall be
transferred to Oppenheim + Zebrak, LLP for the benefit of Plaintiffs:

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Abebooks.com Account

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Business/Storefront Name: "Books Liquidation"; Email: [e-mail]

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PayPal Accounts

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eBay Seller ID:"lissbarney2"; Email: [e-mail]

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eBay Seller ID:"pau-badg"; Email: [e-mail]

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eBay Seller ID: "brucbrackma 0"; Email: [e-mail]

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eBay Seller ID: "keviwilcut 0"; Email: [e-mail]

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“Plaintiffs’ Copyrighted Works” means any and all textbooks or other copyrighted works, or portions thereof,
whether now in existence or later created, regardless of media type, the copyrights to which are owned or controlled
by any of the Plaintiffs or their parents, subsidiaries, affiliates, predecessors, successors, and assigns, whether
published in the United States or abroad.
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“Plaintiffs’ Marks” means any and all trademarks and service marks, whether now in existence or later created,
which are owned or controlled by any of the Plaintiffs or their parents, subsidiaries, affiliates, predecessors,
successors, and assigns.

[PROPOSED]
JUDGMENT AND PERMANENT INJUNCTION 2

CASE NO. 17-cv-01716-WBS-DB

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eBay Seller ID: "troessar 0"; Email: [e-mail]

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eBay Seller ID: "andrepayn7"; Email: [e-mail]

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eBay Seller ID: "peteanderso-5"; Email: [e-mail]

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eBay Seller ID: "raymonshapir-0"; Email: [e-mail]

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eBay Seller ID: "jacharsto 0"; Email: peaslofts@gmail. com

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Umpqua Bank - Account No. 39****9181

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It is FURTHER ORDERED that the Court retains jurisdiction of this matter in law and
equity for purposes of enforcing this Order and/or adjudicating claims of violations of this Order.

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SO ORDERED.

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Dated: January 11, 2019

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[PROPOSED]
JUDGMENT AND PERMANENT INJUNCTION 3

CASE NO. 17-cv-01716-WBS-DB