Adobe Systems Incorporated v. Buy Mac Now LLC et al

Filing 33

STIPULATION AND ORDER FOR ENTRY OF PERMANENT INJUNCTION AND DISMISSAL OF ENTIRE ACTION. Signed by Judge Maxine M. Chesney on December 2, 2015. (mmclc2, COURT STAFF) (Filed on 12/2/2015)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 ADOBE SYSTEMS INCORPORATED, a Delaware Corporation, 14 17 18 [PROPOSED] PERMANENT INJUNCTION AGAINST DEFENDANTS BUY MAC NOW LLC AND OMAR BAHAEDDIN AND DISMISAL OF ENTIRE ACTION Plaintiff, 15 16 Case No.: 3:15-cv-02367-MMC v. BUY MAC NOW LLC, a California Limited Liability Company; JUDY ANN BAHAEDDIN, an Individual; OMAR BAHAEDDIN, an Individual also known as OMAR EDDIN; and DOES 1-10, Inclusive, 19 Honorable Maxine M. Chesney Defendants. 20 21 The Court, pursuant to the Stipulation for Entry of Permanent Injunction and Dismissal 22 23 of Entire Action by and between Plaintiff Adobe Systems Incorporated (“Plaintiff”), and Defendants Buy Mac Now LLC and Omar Bahaeddin (collectively, “Defendants”), on the other 24 hand, hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be 25 and hereby is entered against Defendants as follows: 26 1. PERMANENT INJUNCTION. Defendants and any person or entity acting in 27 concert with, or at their direction, including any and all agents, servants, employees, partners, 28 -1- [PROPOSED] PERMANENT INJUNCTION - CASE NO.: 3:15-cv-02367-MMC 1 assignees, distributors, suppliers, resellers and any others over which they may exercise control, 2 are hereby restrained and enjoined, pursuant to 15 United States Code (“U.S.C.”) §1116 and 17 3 U.S.C. §502, from engaging in, directly or indirectly, or authorizing or assisting any third party 4 to engage in, any of the following activities in the United States and throughout the world: 5 a. importing, exporting, purchasing, marketing, copying, installing, loading, 6 offering for sale, selling, distributing or dealing in any ADOBE® software programs or 7 computers containing ADOBE® software programs bearing and/or comprised of Plaintiff’s 8 ADOBE®, PHOTOSHOP®, and/or CREATIVE SUITE® trademarks or Plaintiff’s copyrights 9 in relation thereto (collectively, “Plaintiff’s Trademarks and Copyrights”); 10 b. using Plaintiff’s Trademarks and Copyrights, in commerce, and/or any 11 other intellectual property that is confusingly or substantially similar to, or that constitutes a 12 colorable imitation of, any of Plaintiff’s Trademarks and Copyrights, whether such use is as, on, 13 in or in connection with any trademark, service mark, trade name, logo, design, Internet use, 14 website, domain name, metatags, advertising, promotions, solicitations, commercial 15 exploitation, television, web-based or any other program, or any product or service, or 16 otherwise; 17 c. copying or downloading, other than for personal use of a validly licensed 18 and registered software, any ADOBE® software programs bearing and/or comprised of 19 Plaintiff’s Trademarks and Copyrights, including but not limited to the ADOBE®, 20 PHOTOSHOP®, and CREATIVE SUITE® marks and works; 21 d. performing or allowing others employed by or representing them, or 22 under their control, to perform any act or thing which is likely to injure Plaintiff, any of 23 Plaintiff’s Trademarks and Copyrights, and/or Plaintiff’s business reputation or goodwill, 24 including making disparaging, negative, or critical comments regarding Plaintiff or its products; 25 e. engaging in any acts of federal trademark infringement, false designation 26 of origin, unfair competition, dilution, federal copyright infringement, or other act which would 27 tend damage or injure Plaintiff; and/or 28 /// -2- [PROPOSED] PERMANENT INJUNCTION - CASE NO.: 3:15-cv-02367-MMC 1 f. using any Internet domain name or website that unlawfully includes any 2 of Plaintiff’s Trademarks and Copyrights, including but not limited to the ADOBE®, 3 PHOTOSHOP®, and CREATIVE SUITE® marks and works. 4 5 6 2. This Permanent Injunction shall be deemed to have been served upon Defendants at the time of its execution by the Court. 3. The Court finds there is no just reason for delay in entering this Permanent 7 Injunction against Defendants, and the Court directs immediate entry of this Permanent 8 Injunction against Defendants. 9 4. NO APPEALS AND CONTINUING JURISDICTION. No appeals shall be 10 taken from this Permanent Injunction, and the parties waive all rights to appeal. This Court 11 expressly retains jurisdiction over this matter to enforce any violation of the terms of this 12 Permanent Injunction by Defendants. 13 14 15 16 5. NO FEES AND COSTS. Each party shall bear its/his own attorneys’ fees and costs incurred in this matter. 6. DISMISSAL OF ENTIRE ACTION. Upon entry of this Permanent Injunction against Defendants, the case shall be dismissed in its entirety. 17 18 19 IT IS SO ORDERED, ADJUDICATED and DECREED this ____ day of 2nd _________________, 2015. December 20 21 22 _______________________________ HON. MAXINE M. CHESNEY United States Senior District Judge Northern District of California 23 24 25 26 27 28 -3- [PROPOSED] PERMANENT INJUNCTION - CASE NO.: 3:15-cv-02367-MMC

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