Adobe Systems Incorporated v. Colorado Internet Services, LLC et al

Filing 44

STIPULATION AND ORDER re 41 STIPULATION WITH PROPOSED ORDER For Entry of Permanent Injunction Against Defendants Colorado Internet Services, LLC d/b/a One Office Software and Erik Jeffries filed by Adobe Systems Incorporated. Signed by Judge Edward M. Chen on 2/27/14. (bpf, COURT STAFF) (Filed on 2/27/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ADOBE SYSTEMS INCORPORATED, a
Delaware Corporation,

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Case No.: CV13-04193 EMC

Plaintiff,
v.
COLORADO INTERNET SERVICES, LLC, a
Colorado Limited Liability Company d/b/a
ONE OFFICE SOFTWARE; ERIK JEFFRIES,
an Individual; MY CHOICE SOFTWARE,
LLC, a California Limited Liability Company;
DIGISOFT, LLC, a Washington Limited
Liability Company; BARGAIN SOFTWARE
SHOP, LLC, a Texas Limited Liability
Company; FIRST SOFTWARE SOURCE, a
Business Entity of Unknown Status;
SOFTWARE TECH, a Business Entity of
Unknown Status; SOFTWARE SPEEDY, a
Business Entity of Unknown Status; and DOES
1-10, Inclusive,

[PROPOSED] PERMANENT
INJUNCTION AGAINST
DEFENDANTS COLORADO INTERNET
SERVICES, LLC d/b/a ONE OFFICE
SOFTWARE AND ERIK JEFFRIES

Defendants.

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The Court, pursuant to the Stipulation for Entry of Permanent Injunction (“Stipulation”),

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between Plaintiff ADOBE SYSTEMS INCORPORATED (“Plaintiff”), on the one hand, and

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Defendants COLORADO INTERNET SERVICES, LLC d/b/a ONE OFFICE SOFTWARE

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AND ERIK JEFFRIES (“Defendants”), on the other hand, hereby ORDERS, ADJUDICATES
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[PROPOSED] PERMANENT INJUNCTION – Case No.: CV13-04193 EMC

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and DECREES that a permanent injunction shall be and hereby is entered against Defendants as

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follows:

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PERMANENT INJUNCTION. Defendants and any person or entity acting in

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concert with, or at their direction, including any and all agents, servants, employees, partners,

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assignees, distributors, suppliers, resellers and any others over which they may exercise control,

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are hereby restrained and enjoined, pursuant to 15 U.S.C. §1116, from engaging in, directly or

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indirectly, or authorizing or assisting any third party to engage in, any of the following activities

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in the United States and throughout the world:

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a.

importing, exporting, marketing, selling, offering for sale, distributing or

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dealing in any product or service that uses, or otherwise making any use of, any of Plaintiff’s

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Trademarks, which is attached and incorporated by reference hereto ex Exhibit “A,” and

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Copyrights, which is attached and incorporated by reference hereto ex Exhibit “B,” including

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but not limited to ADOBE®, CREATIVE SUITE®, ACROBAT® marks and works, and/or any

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Intellectual Property that is confusingly or substantially similar to, or that constitutes a colorable

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imitation of, any of Plaintiff’s Trademarks and Copyrights, whether such use is as, on, in or in

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connection with any trademark, service mark, trade name, logo, design, Internet use, website,

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domain name, metatags, advertising, promotions, solicitations, commercial exploitation,

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television, web-based or any other program, or any product or service, or otherwise;

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b.

copying or downloading, other than for personal use of a validly licensed

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and registered software, of any software containing Plaintiff’s Trademarks and Copyrights,

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including but not limited to ADOBE®, CREATIVE SUITE®, ACROBAT® marks and works,

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and/or any Intellectual Property that is confusingly or substantially similar to, or that constitutes

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a colorable imitation of, any of Plaintiff’s Trademarks and Copyrights;

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c.

performing or allowing others employed by or representing them, or

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under their control, to perform any act or thing which is likely to injure Plaintiff, any of

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Plaintiff’s Trademarks and Copyrights, including but not limited to ADOBE®, CREATIVE

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SUITE®, ACROBAT® marks and works, and/or Plaintiff’s business reputation or goodwill,

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including making disparaging, negative, or critical comments regarding Plaintiff or its products;
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[PROPOSED] PERMANENT INJUNCTION – Case No.: CV13-04193 EMC

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d.

engaging in any acts of federal and/or state trademark infringement, false

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designation of origin, unfair competition, dilution, federal copyright infringement, or other act

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which would tend damage or injure Plaintiff; and/or

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e.

using any Internet domain name or website that includes any of

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Plaintiff’s Trademarks and Copyrights, including the ADOBE®, CREATIVE SUITE®,

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ACROBAT® marks and works.

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2.

Defendants are ordered to deliver immediately for destruction all unauthorized

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products, including counterfeit ADOBE® software products and related products, labels, signs,

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prints, packages, wrappers, receptacles and advertisements relating thereto in her possession or

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under her control bearing any of Plaintiff’s intellectual property or any simulation, reproduction,

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counterfeit, copy or colorable imitations thereof, to the extent that any of these items are in

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Defendants’ possession.

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3.

This Permanent Injunction shall be deemed to have been served upon Defendants

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at the time of its execution by the Court, and the case shall be dismissed only as to Defendants

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COLORADO INTERNET SERVICES, LLC d/b/a ONE OFFICE SOFTWARE AND ERIK

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JEFFRIES upon entry of this Permanent Injunction.

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4.

The Court finds there is no just reason for delay in entering this Permanent

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Injunction, and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs

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immediate entry of this Permanent Injunction against Defendants.

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5.

Defendants will be making an agreed upon payment to Plaintiff, as more

particularly described in a separate Confidential Settlement Agreement.

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6.

NO APPEALS AND CONTINUING JURISDICTION. No appeals shall be

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taken from this Permanent Injunction, and the parties waive all rights to appeal. This Court

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expressly retains jurisdiction over this matter to enforce any violation of the terms of this

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Permanent Injunction.

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///

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///

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[PROPOSED] PERMANENT INJUNCTION – Case No.: CV13-04193 EMC

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7.

NO FEES AND COSTS. Each party shall bear its/his/her own attorneys’ fees

and costs incurred in this matter.

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27th

_____________, 2014.

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S
UNIT
ED

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RT
U
O

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S DISTRICT
TE
C
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_______________________________
Honorable ERED M. Chen
Edward
D
United R
SO O States District Judge
IT IS
Northern District of California

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ER

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dwa
Judge E

A

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hen

rd M. C

NO

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R NIA

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February

FO

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IT IS SO ORDERED, ADJUDICATED and DECREED this ______ day of

N

F
D IS T IC T O
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C

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[PROPOSED] PERMANENT INJUNCTION – Case No.: CV13-04193 EMC

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PROOF OF SERVICE

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I am a resident of the State of California, over the age of eighteen years, and
not a party to the within action. My business address is Johnson & Pham 6355
Topanga Canyon Blvd., Suite 326, Woodland Hills, CA 91367. On February 17,
2014, I served the within document(s):

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[PROPOSED] PERMANENT INJUNCTION AGAINST
DEFENDANTS COLORADO INTERNET SERVICES, LLC d/b/a ONE
OFFICE SOFTWARE AND ERIK JEFFRIES

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T

CM/ECF - by electronically transmitting the document(s) listed above to:

Richard E. Quintilone, Esq.
QUINTILONE & ASSOCIATES
22974 El Toro Road, Suite 100
Lake Forest, CA 92630-4961
Attorneys for Defendant
MY CHOICE SOFTWARE, LLC
Thomas E. Moore III
ROYSE LAW FIRM, PC
1717 Embarcadero Road
Palo Alto, California 94303
Attorney for Defendant
DIGISOFT, LLC

Andrew D. Winghart, Esq.
Winghart Law Group
495 Seaport Court, Suite 104
Redwood City, California 94063
Attorney for Defendant,
SOFTWARE TECH
Ali Kamarei , Esq.
Knight Rider Building
50 West San Fernando St.,
Suite 900
San Jose, CA 95113
Attorney for Defendant.
Bargain Software Shop, LLC

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I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
Executed on February 17, 2014, at Woodland Hills, California.

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_________________________________
Evelyn Ruano

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PROOF OF SERVICE – Case No.: CV13-04193 EMC

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PROOF OF SERVICE

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I am a resident of the State of California, over the age of eighteen years, and
not a party to the within action. My business address is Johnson & Pham 6355
Topanga Canyon Blvd., Suite 326, Woodland Hills, CA 91367. On February 17,
2014, I served the within document(s):

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[PROPOSED] PERMANENT INJUNCTION AGAINST DEFENDANTS
COLORADO INTERNET SERVICES, LLC d/b/a ONE OFFICE
SOFTWARE AND ERIK JEFFRIES
T

Mail – by placing the document(s) listed above in a sealed envelope with
postage thereon fully prepaid, in the United States mail at Los Angeles,
California addressed as set forth below:
Colorado Internet Services, LLC
d/b/a One Office Software
10835 Dover Street, Suite 500
Westminster, Colorado 80021
Erik Jeffries
10835 Dover Street, Suite 500
Westminster, Colorado 80021

I am readily familiar with the firm’s practice of collection and processing
correspondence for mailing. Under the practice it would be deposited with the
U.S. Postal Service on that same day with postage thereon fully prepaid in the
ordinary course of business. I am aware that on motion of the party served, service
is presumed invalid if postal cancellation date or postage meter date is more than
one day after date of deposit for mailing in affidavit.
I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
Executed on February 17, 2014, at Woodland Hills, California.
_________________________________
Evelyn Ruano

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PROOF OF SERVICE – Case No.: CV13-04193 EMC