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

Filing 46

PERMANENT INJUNCTION AGAINST DEFENDANT MAXBRITE LED LIGHTING TECHNOLOGY LLC AND ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 11/7/17. (fs, COURT STAFF) (Filed on 11/7/2017)

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