Ingrid & Isabel, LLC v. Carey et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATION; GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT; PERMANENT INJUNCTION. Signed by Judge Maxine M. Chesney on November 30, 2011. (mmclc1, COURT STAFF) (Filed on 11/30/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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INGRID & ISABEL, LLC,
Plaintiff,

For the Northern District of California

United States District Court

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No. C-11-0914 MMC
ORDER ADOPTING REPORT AND
RECOMMENDATION; GRANTING IN
PART AND DENYING IN PART
PLAINTIFF’S MOTION FOR ENTRY OF
DEFAULT JUDGMENT; PERMANENT
INJUNCTION

v.
LENESHA CAREY, et al.,
Defendant.

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Before the Court is the Report and Recommendation, filed November 3, 2011, by

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which Magistrate Judge Paul S. Grewal recommends the Court grant in part and deny in

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part plaintiff Ingrid & Isabel, LLC’s motion for entry of default judgment. Specifically,

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Magistrate Judge Grewal recommends the motion be granted to the extent it seeks entry of

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judgment against defendants Bellybandsforpregnancy.com and Diana Li (collectively,

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“Defendants”) and entry of a permanent injunction against Defendants, and be denied to

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the extent it seeks an award of attorney’s fees. No party has filed an objection thereto.

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Having read and considered the Report and Recommendation and plaintiff’s motion,
the Court hereby ADOPTS the findings and recommendation made therein.

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Accordingly:

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1. To the extent the motion seeks entry of default judgment against Defendants and

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entry of a permanent injunction, the motion is hereby GRANTED, and Defendants, together

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with their officers, agents, servants, employees, representatives, successors, attorneys,

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assigns, dbas, alter egos, affiliates, and all other persons, firms or companies acting in

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concert or participation with them, are PERMANENTLY ENJOINED AND RESTRAINED

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from:

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a. Committing any further acts of infringement of plaintiff’s U.S. Patent Nos.

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7,181,775 and 7,676,852 (“the Patents”), and, specifically, from making, using, offering for

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sale, advertising, or selling Defendants’ Belly Band product;

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b. Using any photographs or images on Defendants’ websites, advertising,

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packaging, or marketing materials that describe, explain, show, demonstrate, or illustrate

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the function of Defendants’ Belly Band product in a manner that suggests, induces, infers,

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or indicates use that constitutes an infringement of the Patents;
c. Using plaintiff’s BELLABAND trademark, or any confusingly similar name

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or trademark, in connection with advertising, promoting, selling, or distributing maternity

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band or belly band products;
d. Purchasing, registering, or using BELLABAND as a user name, domain

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name, keyword, or online advertising trigger;
e. Engaging in any online advertising or keyword advertising for maternity

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bands or belly band products without the term BELLABAND as a “negative match”

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keyword;
f. Promoting Defendants’ websites or products by using BELLABAND or

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similar terms in the source code or their online advertising, or in meta tags, or in any way to

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trigger the retrieval or online search ranking of their websites; and
g. Assisting, aiding, or abetting any other person or business entity in

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engaging in or performing any of the activities referred to in paragraphs (1) through (6)

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above.

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2. To the extent the motion seeks further relief, the motion is hereby DENIED.

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IT IS SO ORDERED.

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Dated: November 30, 2011
MAXINE M. CHESNEY
United States District Judge

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