Ingrid & Isabel, LLC v. Carey et al

Filing 46

CLERK'S JUDGMENT in favor of Ingrid & Isabel, LLC against Bellybandsforpregnancy.com, Diana Li, To the extent the motion seeks entry of default judgment against Defendants and entry of a permanent injunction, the motion is hereby GRANTED, and De fendants, together with their officer, agents, servants, employees, representatives, successors, attorneys, assigns, dbas, alter egos, affiliates, and all other persons, firms or companies acting in concert or participation with them, are PERMANENTLY ENJOINED AND RESTRAINED from:(see judgment for specifics). (tlS, COURT STAFF) (Filed on 12/1/2011)

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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,
No. CV- 11 - 0914 MMC

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Plaintiff,
JUDGMENT IN A CIVIL CASE

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v.

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LENESHA CAREY, et al.,
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Defendants.
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/

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() Jury Verdict. This action came before the Court for a trial by jury. The issues
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have been tried and the jury has rendered its verdict.
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(X) Decision by Court. This action came to trial or hearing before the Court. The
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issues have been tried or heard and a decision has been rendered.
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IT IS SO ORDERED AND ADJUDGED
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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
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Defendants, together with their officer, agents, servants, employees,
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representatives, successors, attorneys, assigns, dbas, alter egos, affiliates, and all
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other persons, firms or companies acting in concert or participation with them, are
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PERMANENTLY ENJOINED AND RESTRAINED from:
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a. Committing any further acts of infringement of plaintiff’s U.S. Patent
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Nos. 7,181,775 and 7,676,852 (“the Patents”), and specifically, from making, using,
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offering for 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 suggest, 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

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

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maternity band or bell 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”
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

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to 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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Dated: December 1, 2011

Richard W. Wieking, Clerk

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By: Tracy Lucero
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Deputy Clerk