Ingrid & Isabel, LLC v. Bentibo et al

Filing 56

PRELIMINARY INJUNCTION, ***Civil Case Terminated, See Docket Nos. 54 and 55 .*** Signed by Judge Haywood S. Gilliam, Jr. on 6/18/2019. (ndrS, COURT STAFF) (Filed on 6/18/2019)

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ROBERT J. YORIO (SBN 93178)
[e-mail]
ILENE H. GOLDBERG (SBN 168051)
[e-mail]
CARR & FERRELL LLP
120 Constitution Drive
Menlo Park, California 94025
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
INGRID & ISABEL, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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INGRID & ISABEL, LLC,

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Plaintiff,

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v.

Case No. 18-cv-01856-JCS
HSG
[PROPOSED] ORDER FOR PERMANENT
INJUNCTION AGAINST DEFENDANTS
BENTIBO AND JINLIANG QIAN

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BENTIBO, a business organization form,
unknown, and JINLIANG QIAN, an
individual,

DATE:
TIME:
JUDGE:
COURTROOM:

MAY 17, 2019
9:30 AM
HON. JOSEPH C. SPERO
G

Defendants.

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The Court, having considered Plaintiff Ingrid & Isabel, LLC’s (“Ingrid & Isabel”) Motion

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for Default Judgment and a Permanent Injunction Against Defendants Bentibo and Jinliang Qian

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(“Defendants”), Memorandum of Points and Authorities, in Support of its Motion for Default

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Judgment, the Declaration of Ilene H. Goldberg, the default entered by the clerk on file herein, the

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Complaint, and all of the other relevant papers and pleadings on file with the Court in this matter,

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now enters its permanent injunction as follows:

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Defendants Bentibo and Jinliang Qian, their directors, principals, officers, attorneys, agents,
servants, managers, employees, dba’s, affiliates, representatives, successors, and assigns, and all

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[Proposed] Order for Permanent Injunction Against Defendants Bentibo and Jinliang Qian

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those acting in concert or participation with them shall be, and hereby are, PERMANENTLY

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ENJOINED and RESTRAINED from directly or indirectly:

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a.

Making, using, offering for sale, advertising and/or selling any product that

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infringes—either directly and/or indirectly—the Patents-in-Suit and/or the

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BELLABAND Trademark;

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b.

Using any statements and images on any website, including but not limited to

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the Amazon.com website, and any advertising, packaging, and any marketing

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materials that describe, explain, show, demonstrate, or illustrate the function

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of any product in a manner that suggests, induces, infers, or indicates use or

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methods of use that constitutes an infringement of the Patents-in-Suit,

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including but not limited to statements and/or words such as “cover”, “hide”,

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“hold-up”, “cover your unbuttoned pants”, “hide unbuttoned pants and

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skirts”, “holds up maternity jeans and pants that are too loose”, “hold up your

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pants with a maternity band”, and similar language;

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c.

Using the BELLABAND Trademark, or any confusingly similar name or

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trademark, in connection with advertising, promoting, selling or distributing

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maternity band or belly band products;

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d.

name, domain name, keyword or online advertising trigger;

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Purchasing, registering or using BELLABAND or BELLABAND as a user

e.

Any online advertising or keyword advertising for maternity bands or belly

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bands without the term BELLABAND and BELLABAND as a “negative

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match” keyword;

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f.

Promoting Defendants’ website or products by using BELLABAND or

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similar terms in the source code or its online advertising, or in meta tags, or

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in any way to trigger the retrieval or online search ranking of its website;

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g.

Assisting, aiding, or abetting any other person or business entity in engaging
in or performing any of the activities referred to in paragraphs (a)-(f) above.

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[Proposed] Order for Permanent Injunction Against Defendants Bentibo and Jinliang Qian

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IT IS SO ORDERED:

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DATED: 6/18/2019 2019
April ___,

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_______________________________________
THEHonorable Haywood S. Gilliam, Jr.
The HONORABLE JOSEPH C. SPERO
CHIEF States District Court Judge
United UNITED STATES MAGISTRATE JUDGE

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[Proposed] Order for Permanent Injunction Against Defendants Bentibo and Jinliang Qian