Adobe Systems Incorporated v. Landsteiner

Filing 35

PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE. Signed by Judge Maxine M. Chesney on April 21, 2009. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(mmclc1, COURT STAFF) (Filed on 4/21/2009)

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J. Andrew Coombs (SBN 123881) [e-mail] Annie S. Wang (SBN 243027) [e-mail] J. Andrew Coombs, A Prof. Corp. 517 East Wilson Avenue, Suite 202 Glendale, California 91206 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Adobe Systems Incorporated Nathanael Landsteiner 1117 170th Ave. Fairmont, MN 56031 Jaime Winegard 400 County Rd. Woodland Park, CO 80863 Defendants, in pro se UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO) Adobe Systems Incorporated, Plaintiff, v. Nathanael Landsteiner, et al. Defendants. ) ) ) ) ) ) ) ) Case No. C08-3522 MMC [PROPOSED] PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE

The Court, having read and considered the Joint Stipulation for Permanent Injunction and Dismissal with Prejudice that has been executed by Plaintiff Adobe Systems Incorporated ("Plaintiff") and Defendants Nathanael Landsteiner and Jamie Winegard (collectively "Defendants") in this action, and good cause appearing therefore, hereby: ORDERS that based on the Parties' stipulation and only as to Defendants, their successors, heirs, and assignees, this Injunction shall be and is hereby entered in the within action as follows: 1) This Court has jurisdiction over the parties to this action and over the subject matter hereof

pursuant to 17 U.S.C. § 101 et seq., 15 U.S.C. § 1051, et seq., 15 U.S.C. § 1121, and 28 U.S.C. §§
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Adobe v. Landsteiner, et al.: Proposed Perm. Inj. and Dismissal

1331 and 1338. Service of process was properly made against Defendants.

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2)

Plaintiff is the owner of all rights in and to the copyright and trademark registrations listed

in Exhibits A and B attached hereto and incorporated herein by this reference (collectively referred to herein as "Plaintiff's Properties"). 3) Plaintiff has alleged that Defendants have made unauthorized uses of Plaintiff's Properties

or substantially similar likenesses or colorable imitations thereof. 4) Defendants and their agents, servants, employees and all persons in active concert and

participation with them who receive actual notice of the Injunction are hereby restrained and enjoined from: a) Infringing Plaintiff's Properties, either directly or contributorily, in any manner,

including generally, but not limited to manufacturing, importing, distributing, advertising, selling and/or offering for sale any unauthorized product which features any of Plaintiff's Properties ("Unauthorized Products"), and, specifically from: i) Importing, manufacturing, distributing, advertising, selling and/or offering

for sale the Unauthorized Products or any other unauthorized products which picture, reproduce, copy or use the likenesses of or bear a substantial similarity to any of Plaintiff's Properties; ii) Importing, manufacturing, distributing, advertising, selling and/or offering

for sale in connection thereto any unauthorized promotional materials, labels, packaging or containers which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of Plaintiff's Properties; iii) Engaging in any conduct that tends falsely to represent that, or is likely to

confuse, mislead or deceive purchasers, Defendants' customers and/or members of the public to believe, the actions of Defendants, the products sold by Defendants, or Defendants themselves are connected with Plaintiff, are sponsored, approved or licensed by Plaintiff, or are affiliated with Plaintiff; iv) Affixing, applying, annexing or using in connection with the importation,

manufacture, distribution, advertising, sale and/or offer for sale or other use of any goods or services, a false description or representation, including words or other symbols, tending to falsely describe or represent such goods as being those of Plaintiff. 5) 6) Each side shall bear its own fees and costs of suit. Except as provided herein, all claims alleged in the Complaint are dismissed with prejudice.
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Adobe v. Landsteiner, et al.: Proposed Perm. Inj. and Dismissal

/s/ Annie S. Wang

April 21, 2009