Adobe Systems Incorporated v. Software Speedy et al

Filing 59

STIPULATION AND ORDER re 57 STIPULATION WITH PROPOSED ORDER For Entry of Permanent Injunction Against Defendant Justin Earl Harrison & Dismissal With Prejudice filed by Adobe Systems Incorporated. Signed by Judge Edward M. Chen on 3/2/15. (bpf, COURT STAFF) (Filed on 3/2/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE COURTHOUSE

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ADOBE SYSTEMS INCORPORATED, a
Delaware Corporation,

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[PROPOSED]
PERMANENT INJUNCTION AGAINST
DEFENDANT JUSTIN EARL HARRISON
& DISMISSAL WITH PREJUDICE

Plaintiff,

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Case No.: 3:14-CV-02152-EMC

v.

TECHNOLOGY SOLUTIONS ONLINE LTD., Honorable Edward M. Chen
a Georgia Corporation doing business as
SOFTWARE SPEEDY; JUSTIN EARL
HARRISON, an Individual; and DOES 1-10,
Inclusive,
Defendants.

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The Court, pursuant to the Stipulation for Entry of Permanent Injunction & Dismissal
(“Stipulation”), between Plaintiff Adobe Systems Incorporated (“Plaintiff”), on the one hand,
and Defendant Justin Earl Harrison (“Harrison”), on the other hand, hereby ORDERS,
ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered
against Harrison as follows:
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PERMANENT INJUNCTION. Harrison and any person or entity acting in

concert with, or at his direction, including any and all agents, servants, employees, partners,
assignees, distributors, suppliers, resellers and any others over which he may exercise control,
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[PROPOSED] PERMANENT INJUNCTION & DISMISSAL – Case No.: 3:14-cv-02152-EMC

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are hereby restrained and enjoined, pursuant to 15 United States Code (“U.S.C.”) §1116(a) and

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17 U.S.C. §502, from engaging in, directly or indirectly, or authorizing or assisting any third

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party to engage in, any of the following activities 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 and copyrights, including but not limited to ADOBE®, ACROBAT® and/or

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CREATIVE SUITE® marks and works (collectively “Plaintiff’s Trademarks and Copyrights”),

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and/or any intellectual property that is confusingly or substantially similar to, or that constitutes a

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

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

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website, 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®, ACROBAT® and CREATIVE SUITE® marks and

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works, and/or any intellectual property that is confusingly or substantially similar to, or that

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constitutes 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 under

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

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Trademarks and Copyrights, including but not limited to ADOBE®, ACROBAT® and/or

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CREATIVE SUITE® 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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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 Plaintiff’s

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Trademarks and Copyrights, including but not limited to the ADOBE®, ACROBAT® and

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CREATIVE SUITE® marks and works.
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[PROPOSED] PERMANENT INJUNCTION & DISMISSAL – Case No.: 3:14-cv-02152-EMC

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2.

Harrison is ordered to deliver immediately for destruction all unauthorized

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products, including counterfeit, educational, grey market, or original equipment manufacturer

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ADOBE® software products and related products, serial activation keys and cards, labels, signs,

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

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under his 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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Harrison’s possession.

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3.

This Permanent Injunction shall be deemed to have been served upon Harrison at

the time of its execution by the Court, and the case shall be dismissed against Harrison 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 Harrison.

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5.

Harrison will be making agreed upon monetary payments 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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7.

NO FEES AND COSTS. Each party shall bear their own attorneys’ fees and

costs incurred in this matter.

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[PROPOSED] PERMANENT INJUNCTION & DISMISSAL – Case No.: 3:14-cv-02152-EMC

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Harrison upon entry of this Permanent Injunction against Harrison.
IT IS SO ORDERED, ADJUDICATED and DECREED this 2nd
______ day of
March

____________________, 2015.

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IT

HONORABLE EDWARD M. CHEN
United States District Judge
ERED
Northern RD
SO O District of California
IS
San Francisco Courthouse
. Chen

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udge Ed

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DISMISSAL. The Court hereby dismisses this action with prejudice against

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[PROPOSED] PERMANENT INJUNCTION & DISMISSAL – Case No.: 3:14-cv-02152-EMC