Alpi International, Ltd v. Ad-Line Industries, Inc.

Filing 41

ORDER GRANTING STIPULATED PERMANENT INJUNCTION AND DISMISSAL by Hon. William Alsup granting 40 Stipulation.(whalc1, COURT STAFF) (Filed on 10/17/2013)

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Philip P. Mann (WSBA 28860)
[e-mail]
MANN LAW GROUP
John Whitaker (WSBA 28868)
[e-mail]
WHITAKER LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, WA 98101
Telephone: [phone]
Attorneys for Plaintiff
Alpi International, LTD.

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ALPI INTERNATIONAL, LTD.,

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v.

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Case No. C 12-03050 WHA

Plaintiff,

STIPULATED PERMANENT
INJUNCTION AND DISMISSAL

AD-LINE INDUSTRIES, INC.,

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Defendant.

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STIPULATED DISMISSAL AND PERMANENT INJUNCTION

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COME NOW Plaintiff ALPI International, Ltd and Defendant AD-LINE
Industries, Inc. and enter into this stipulated permanent injunction and order of
dismissal. The parties agree as follows:
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For purposes of this Stipulated Dismissal and Permanent Injunction, the

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following definitions shall apply:

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(a)

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“Defendant” shall mean AD-LINE INDUSTRIES, INC. and any
individuals acting on behalf of or in concert with it.

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Stipulation

(b)

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“Plaintiff” shall mean ALPI INTERNATIONAL, LTD and any
individuals acting on behalf of or in concert with it.

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(c)

“Party” shall mean either Defendant or Plaintiff individually.

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(d)

“Parties” shall mean Defendant and Plaintiff collectively.

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(e)

“Copyrighted Works” shall mean each of those works of Plaintiff

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identified in the Complaint filed in this matter and enumerated in

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Exhibit A thereto, namely chicken, dog, penguin, cat, cow, dolphin, killer

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whale, ladybug, policeman and seal.
(f)

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“Accused Products” shall mean each of those products of Defendant

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identified in the Complaint filed in this matter and enumerated in

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Exhibit B thereto, namely chicken, dog, penguin, cat, cow, dolphin, killer

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whale, ladybug, policeman and seal.

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2.

Defendants, and all of their officers, directors, agents, servants, and employees,

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and all persons in active concert or participation or in privity with any of them,

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ARE HEREBY PERMANENTLY RESTRAINED AND ENJOINED from

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copying or distributing any of the Accused Products or any other product which

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represents a copy of the Copyrighted Works.

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3.

Violation of this Stipulated Consent Judgment and Permanent Injunction shall

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expose Defendants and all other persons bound by this Stipulated Consent

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Judgment and Permanent Injunction to all applicable penalties, including

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contempt of Court. In addition, should Defendant Ad-Line Industries, Inc. again

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sell or otherwise distribute any copies of the Accused Products, Defendant

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Ad-Line Industries, Inc. shall be liable to Plaintiff Alpi International, LTD in the

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amount of $300,000.00 per occurrence.

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4.

All claims and defenses that were or could have been brought in this action are

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hereby resolved by this Stipulated Consent Judgment and Permanent Injunction

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and dismissed with prejudice. Each party shall bear its own costs and fees.

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Stipulation
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material component of the dismissal of this matter.

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The parties agree that this Permanent Injunction constitutes a significant and

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This Court shall retain continuing jurisdiction over the Parties and the action for

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purposes of enforcing this Stipulated Consent Judgment and Permanent

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Injunction and/or enforcing the Parties’ Settlement Agreement.

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Dated: October 16, 2013

Respectfully submitted,
/s/ Philip P. Mann
Philip P. Mann
MANN LAW GROUP
John Whitaker
WHITAKER LAW GROUP
1218 Third Avenue
Suite 1809
Seattle, WA 98101
[phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
Alpi International, Ltd.

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/s/ Otto O. Lee
Otto O. Lee
Intellectual Property Law
Group LLP
12 South First Street, 12th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant
Ad-Line Industries, Inc.

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Stipulation
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Pursuant to the foregoing stipulation of the parties,

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IT IS SO ORDERED.

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October

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DATED this ___ day of ___________, 2013.

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/s/ Philip P. Mann
Philip P. Mann
MANN LAW GROUP
John Whitaker
WHITAKER LAW GROUP
1218 Third Avenue
Suite 1809
Seattle, WA 98101
[phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff ALPI International, Ltd.
Approved for entry:
Intellectual Property Law Group LLP
/s/ Otto O. Lee
Intellectual Property Law Group LLP
12 South First Street, 12th Floor
San Jose, California 95113
[phone]
[e-mail]
Attorneys for Defendant Ad-Line Industries, Inc.
Stipulation
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Judge W

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By

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MANN LAW GROUP

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IT IS S
DIFIED
AS MO

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Presented by:

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UNITED STATES DISTRICT JUDGE
William Alsup
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United States District JudgeO ORDERE

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UNIT
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_________________________________

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