Cree, Inc. v. Maxbrite LED Lighting Technology, LLC et al

Filing 46


Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 CREE, INC., Case No.: 4:16-cv-06689-YGR 12 Plaintiff, [PROPOSED] PERMANENT INJUNCTION AGAINST DEFENDANT MAXBRITE LED LIGHTING TECHNOLOGY, LLC AND DISMISSAL, WITH PREJUDICE 13 v. 14 15 MAXBRITE LED LIGHTING TECHNOLOGY, LLC, et al., 16 Honorable Judge Yvonne G. Rogers Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 The Court, pursuant to the Stipulation for Entry of Permanent Injunction and Dismissal (“Stipulation”), by and between Plaintiff Cree, Inc. (“Plaintiff”), and Defendant MaxBrite LED Lighting Technology, LLC (“Defendant”) filed concurrently herewith, hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered against Defendant in the above-referenced matter as follows: 1. PERMANENT INJUNCTION. Defendant is hereby restrained and enjoined, pursuant to 15 United States Code (“U.S.C.”) §1116(a) and 35 U.S.C. §283, from engaging in, directly or indirectly, or authorizing or assisting any third-party to engage in, any of the following activities in the United States and throughout the world: -1- [PROPOSED] PERMANENT INJUNCTION AND DISMISSAL 1 i. copying, manufacturing, importing, exporting, purchasing, marketing, 2 advertising, selling, offering for sale, distributing or dealing in any product that uses, or 3 otherwise makes any use of, any of Plaintiff’s CREE® (USPTO Reg. Nos. 2,440,530, 4 3,935,628, and 3,935,629) or CPY250® (USPTO Reg. No. 4,888,986) trademarks and/or light 5 fixture design patents D721,844 S or D743,084 S (collectively hereinafter “CREE’s Intellectual 6 Properties”), and/or any intellectual property that is confusingly or substantially similar to, or 7 that constitutes a colorable imitation of, any of CREE’s Intellectual Properties, whether such use 8 is as, on, in or in connection with any trademark, service mark, trade name, logo, design, 9 Internet use, website, domain name, metatags, advertising, promotions, solicitations, 10 commercial exploitation, television, web-based or any other program, or any product or service, 11 or otherwise; 12 13 14 15 16 ii. advertising or displaying images and/or photographs of non-genuine CREE LEDs and/or LED lighting products using the CREE® and/or CPY250® marks; iii. advertising or selling non-genuine CREE LED light fixtures embodying and/or comprised of Plaintiff’s design patents; iv. using CREE’s Intellectual Properties, including but not limited to the 17 CREE® or CPY250® trademarks in advertising to suggest that non-genuine CREE products 18 being advertised are manufactured, sponsored by, endorsed by, or are otherwise affiliated with 19 CREE and/or advertising non-genuine CREE LEDs and other non-genuine CREE LED lighting 20 products using descriptions that imply that the products are genuine CREE products; 21 v. performing or allowing others employed by or representing Defendant, or 22 under Defendant’s control, to perform any act or thing which is likely infringe upon any of 23 CREE’s Intellectual Properties, including but not limited to the CREE® and CPY250® 24 trademarks and/or Plaintiffs’ design patents D721,844 S or D743,084 S; 25 vi. using any Internet domain name or website that includes any of Plaintiffs’ 26 trademarks or design patents, including but not limited to the CREE® or CPY250® marks 27 and/or design patents D721,844 S or D743,084 S. 28 -2- [PROPOSED] PERMANENT INJUNCTION AND DISMISSAL 1 2. Defendant is ordered to destroy all alleged counterfeit, infringing or otherwise 2 unauthorized lighting products, in its possession and/or under its control, including LEDs and 3 LED lighting products, embodying, comprised, utilizing and/or bearing any of CREE’s 4 Intellectual Properties within ten (10) calendar days of entry of this Order (with a certificate of 5 destruction to be provided to Plaintiff). 6 7 3. at the time of its execution by the Court. 8 9 10 This Permanent Injunction shall be deemed to have been served upon Defendant 4. The Court finds there is no just reason for delay in entering this Permanent Injunction against Defendant, and, pursuant to Federal Rule of Civil Procedure 54(a), the Court directs immediate entry of this Permanent Injunction against Defendant. 11 5. NO APPEALS AND CONTINUING JURISDICTION. No appeals shall be 12 taken from this Permanent Injunction, and the parties waive all rights to appeal. This Court 13 expressly retains jurisdiction over this matter to enforce any violation of the terms of this 14 Permanent Injunction by Defendant. 15 16 6. attorneys’ fees and costs incurred in this matter. 17 18 NO FEES AND COSTS. Plaintiff and Defendant shall each bear their own 7. DISMISSAL. Upon entry of this Permanent Injunction against Defendant, the case shall be dismissed as to Defendant, with prejudice. 19 IT IS SO ORDERED, ADJUDICATED and DECREED this ___ day of ____________, 7 November 20 21 22 23 24 2017. ________________________________________ HON. YVONNE GONZALEZ ROGERS District Judge for the United States District Court Northern District of California 25 26 27 28 -3- [PROPOSED] PERMANENT INJUNCTION AND DISMISSAL

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?