Stanley Black & Decker, Inc. et al v. D&L Elite Investments, LLC et al

Filing 170

DEFAULT JUDGMENT. Signed by Judge Samuel Conti on July 28, 2014. (sclc1, COURT STAFF) (Filed on 7/28/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

For the Northern District of California

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STANLEY BLACK & DECKER, INC.;
and THE BLACK & DECKER
CORPORATION,

) Case No. 12-cv-04516-SC
)
) JUDGMENT
)
Plaintiffs,
)
)
v.
)
)
)
D&L ELITE INVESTMENTS, LLC; BAY )
INTERNATIONAL; BILLY DENG; and )
WEISHEN LUO,
)
)
Defendants.
)
)
)

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In accordance with the Court's concurrently filed Order

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granting Plaintiffs' motions to strike, enter default, and enter

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default judgment, it is hereby ORDERED that Default Judgment in

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this action shall be entered in favor of Plaintiffs Stanley Black &

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Decker, Inc. and The Black & Decker Corporation and against

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Defendants Billy Deng, Weishen Luo, and D&L Elite Investments, LLC.

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The Court hereby ORDERS, ADJUDGES, and DECREES as follows:

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1.

This Court has jurisdiction over the subject matter of
this action pursuant to 28 U.S.C. Sections 1331, 1338(a),

and 1367(a).

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2.

pursuant to 28 U.S.C. Section 1391.

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Venue is proper in the Northern District of California

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Defendants D&L Elite Investments, LLC, Billy Deng, and

the jurisdiction of this Court pursuant to and in

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accordance with the laws of the State of California, the

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United States District Court

Weishen Luo (collectively, "Defendants") are subject to

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For the Northern District of California

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United States Constitution, and Rule 4 of the Federal

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Rules of Civil Procedure.

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4.

Plaintiffs are the owners of the following trademarks and

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trade dress (collectively, the "DeWalt Trademarks"),

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which are registered in the U.S. Patent and Trademark

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Office:

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a.

Registered Trademark No. 1,734,403;

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b.

Registered Trademark No. 1,734,404;

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c.

Registered Trademark No. 3,064,666; and

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d.

Registered Trademark No. 3,066,699.

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5.

Defendants are liable jointly and severally to Plaintiffs

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for:

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a.

Section 1117(c)(2);

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b.

c.

litigation costs in an amount to be proved pursuant
to

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post-judgment interest pursuant to 28 U.S.C.
Section 1961(a);

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$1,252,290 in statutory damages under 15 U.S.C.

d.

Civil Local Rule 54-1(a); and

attorney's fees pursuant to 15 U.S.C.

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Section 1117(a) in an amount to be proved pursuant

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to the Civil Local Rules.

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6.

Plaintiffs shall be entitled to recover the following

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sanctions already awarded by the Court in the following

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amounts on these days:

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a.

$43,758 awarded on July 19, 2013 as sanctions for

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violating the temporary restraining order and

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preliminary injunction, see ECF No. 78 ("Contempt

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Order");
b.

United States District Court

For the Northern District of California

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Reasonable fees of $87,932 and costs of $2,030
awarded in connection with Defendants' violation of

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the temporary restraining order and preliminary

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injunction, see Contempt Order, ECF No. 85 ("Keats

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Decl."); and
c.

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$26,124.42 in fees and costs imposed by Judge Beeler

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on February 24, 2014 as a sanction for discovery

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abuses, see ECF No. 146.

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The Court hereby permanently enjoins Defendants, their

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agents, servants, employees, representatives, successors,

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and assigns, and all persons, firms, or corporations in

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active concert or participation with any of Defendants,

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from:

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a.

directly or indirectly infringing Plaintiffs'

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trademarks and trade dress as described above in any

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manner including generally, but not limited to,

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copying, distributing, advertising, selling, and/or

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offering for sale any merchandise that infringes

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Plaintiffs' trademarks or trade dress including

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without limitation Defendants' infringing goods, and

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specifically distributing, advertising, selling, or

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offering for sale unauthorized copies of the DeWalt

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Trademarks or the DeWalt trade dress or any other

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unauthorized goods that picture, reproduce, or

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utilize the likenesses of or which copy or bear a

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substantial similarity to any of Plaintiffs'

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trademarks and trade dress; or

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b.

engaging in any conduct that tends falsely to

United States District Court

For the Northern District of California

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represent that, or is likely to confuse, mislead, or

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deceive purchasers, Defendants' customers, or

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members of the public to believe that, the actions

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of Defendants, the infringing products sold by

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Defendants, or Defendants themselves are connected

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with Plaintiffs, are sponsored, approved, or

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licensed by Plaintiffs, or are in some way connected

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or affiliated with Plaintiffs;

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c.

affixing, applying, annexing, or using in connection

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with the manufacture, distribution, advertising,

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sale, and/or offering for sale or other use of any

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goods or

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representation, including words or other symbols,

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tending to falsely describe or represent such goods

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as being those of Plaintiffs;

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d.

services, a false description or

diluting and infringing the DeWalt Trademarks and

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DeWalt trade dress and damaging Plaintiffs'

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goodwill, reputations, and businesses;

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e.

effecting assignments or transfers, forming new

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entities or associations or utilizing any other

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device for the purpose of circumventing or otherwise

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avoiding the prohibitions set forth in subparagraphs

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a-d, above.

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8.

Defendants are required to deliver for destruction to

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Plaintiffs all unauthorized materials bearing any of the

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DeWalt Trademarks in association with unauthorized goods

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or services.

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9.

The Court reserves and retains jurisdiction of the

United States District Court

For the Northern District of California

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subject matter of this case and of the parties hereto for

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the purpose of enforcing the terms of this Judgment and

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Permanent Injunction.

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IT IS SO ORDERED, ADJUDGED, and DECREED.

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Dated: July 28, 2014

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UNITED STATES DISTRICT JUDGE

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