LinkedIn Corporation v. Mantheos Pte. Ltd.

Filing 19

CONSENT JUDGMENT RE DOCKET NO. 17 . ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 5/9/2022. (ndr, COURT STAFF) (Filed on 5/9/2022)

Download PDF
Case 4:22-cv-00651-HSG Document 19 Filed 05/09/22 Page 1 of 5 1 JONATHAN H. BLAVIN (State Bar No. 230269) 2 NICHOLAS D. FRAM (State Bar No. 288293) 3 MICA L. MOORE (State Bar No. 321473) 4 MUNGER, TOLLES & OLSON LLP 560 Mission Street 5 Twenty-Seventh Floor San Francisco, California 94105-2907 6 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 7 Attorneys for LinkedIn Corporation 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 LinkedIn Corporation, 12 13 Case No. 4:22-cv-00651-HSG Plaintiff, FINAL JUDGMENT ON CONSENT vs. 14 Mantheos Pte. Ltd., Jeremiah Tang, Yuxi 15 Chew, and Stan Kosyakov 16 Defendants. 17 18 19 20 21 22 23 24 25 FINAL JUDGMENT ON CONSENT Case 4:22-cv-00651-HSG Document 19 Filed 05/09/22 Page 2 of 5 1 FINAL JUDGMENT ON CONSENT 2 WHEREAS, on February 1, 2022, LinkedIn filed a Complaint against Defendants 3 Mantheos Pte. Ltd., Jeremiah Tang, Yuxi Chew, and Stan Kosyakov (collectively, “Defendants”) 4 alleging that Defendants engaged in unlawful acts of breach of contract, fraud and deceit, and 5 misappropriation and violated the Lanham Act, 15 U.S.C. § 1125(c). WHEREAS, LinkedIn alleges that Defendants gained unauthorized access to the 6 7 8 LinkedIn website and LinkedIn member profile data, extracted and copied data from millions of LinkedIn member profile pages using an automated process known as “scraping,” and used hundreds of fake LinkedIn member accounts and prepaid debit cards under fake names to 9 fraudulently obtain access to LinkedIn Sales Navigator; 10 WHEREAS, LinkedIn served Defendants with the Summons and Complaint on 11 February 3, 2022; WHEREAS, Defendants have not filed an answer in this matter, but deny liability 12 13 for the actions alleged in the Complaint; WHEREAS, Defendants consent to this Court’s jurisdiction over them for the 14 purposes of entry and enforcement of this Final Judgment on Consent; 15 WHEREAS, LinkedIn and Defendants (collectively, the “parties”) have reached an 16 agreement for resolution of the action; and THEREFORE, Defendants consent and stipulate to judgment in favor of LinkedIn 17 18 and authorize the Court to enter judgment granting relief in favor of LinkedIn as follows: Defendants, and all of their officers, directors, agents, servants, and employees, and 19 20 21 all persons in active concert or participation or in privity with any of them, ARE HEREBY PERMANENTLY RESTRAINED AND BARRED from: a. Accessing or attempting to access or use LinkedIn’s website, computers, computer 22 systems, computer network, or computer programs (collectively, “LinkedIn’s Servers”), and data 23 stored therein (“LinkedIn Data”), through scraping, crawling, and/or the use of bots or other 24 automated technologies as described in ¶¶ 51–61 of the Complaint filed in this Action, or 25 -2FINAL JUDGMENT ON CONSENT Case 4:22-cv-00651-HSG Document 19 Filed 05/09/22 Page 3 of 5 1 otherwise in violation of LinkedIn’s User Agreement; 2 b. Marketing, advertising, or otherwise making any statements or 3 representations to anyone regarding the scraping, inclusion or availability of LinkedIn member 4 data on Defendants’ website or through Defendants’ services; c. 5 6 7 8 Circumventing any technological measure that controls access to LinkedIn’s Servers; d. Offering, selling, making available for sale, or otherwise copying and/or transferring (including for free) LinkedIn Data to any third party, or offering or developing any software or services that can be used by third parties to obtain LinkedIn Data from LinkedIn’s 9 Servers in automated ways. 10 e. Enrolling or attempting to enroll in subscriptions and/or trials of Sales 11 Navigator or any other LinkedIn product by means of fraud and deceit, including but not limited to 12 enrollment using LinkedIn accounts registered under fictitious names; or f. 13 Engaging in any activity likely to dilute the distinctiveness of LinkedIn’s registered marks. 14 15 Defendants represent that they have destroyed all LinkedIn member profile data, whether stored in electronic form or otherwise, in their possession, custody, or control and have certified in 16 writing that they have done so. Violation of this Final Judgment on Consent shall expose Defendants and all other persons 17 18 bound by this Final Judgment on Consent to all applicable penalties, including contempt of Court. All claims and defenses in this action are hereby resolved by this Final Judgment on 19 20 Consent. This Final Judgment on Consent is final and may not be appealed by any party. The Clerk shall enter this Final Judgment on Consent forthwith. 21 This Court shall retain continuing jurisdiction over the parties and the action for purposes 22 of enforcing this Final Judgment on Consent. 23 // 24 25 -3FINAL JUDGMENT ON CONSENT Case 4:22-cv-00651-HSG Document 19 Filed 05/09/22 Page 4 of 5 1 DATED: May 6, 2022 MUNGER, TOLLES & OLSON LLP 2 By: 3 4 5 6 /s/ Jonathan H. Blavin JONATHAN H. BLAVIN Attorneys for LinkedIn Corporation QUINN EMANUEL URQUHART & SULLIVAN, LLP DATED: May 6, 2022 7 8 By: /s/ Terry L. Wit TERRY L. WIT Attorneys for Defendants 9 10 FINAL JUDGMENT: PURSUANT TO STIPULATION, IT IS SO ORDERED. 11 12 DATED: May 9, 2022 13 HONORABLE HAYWOOD S. GILLIAM, JR. U.S. DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 -4FINAL JUDGMENT ON CONSENT Case 4:22-cv-00651-HSG Document 19 Filed 05/09/22 Page 5 of 5 1 2 ECF ATTESTATION I, Jonathan H. Blavin, attest that all other signatories listed, and on whose behalf the filing 3 is submitted, concur in the filing’s content and have authorized the e-filing of the foregoing 4 document in compliance with Local Rule 5-1(h)(3). 5 /s/ Jonathan H. Blavin Jonathan H. Blavin 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -5[PROPOSED] FINAL JUDGMENT ON CONSENT

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?