Autodesk, Inc. v. BuyPCSoft.com et al

Filing 32

JUDGMENT. Signed by Judge Whyte on 11/20/09. (rmwlc3, COURT STAFF) (Filed on 11/20/2009)

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ERIC DONEY, #76260 [e-mail] JULIE E. HOFER, #152185 [e-mail] ERIC A. HANDLER, #224637 [e-mail] DONAHUE GALLAGHER WOODS LLP Attorneys at Law 300 Lakeside Drive, Suite 1900 Oakland, California 94612-3570 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff AUTODESK, INC.

E-Filed 11/20/09

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

AUTODESK, INC., a Delaware corporation, Plaintiff, v. BUYPCSOFT.COM, INC., a Texas corporation; MEHRAN TABATABAYEE, an individual; H S SQUARED INTERNATIONAL, LLC, a New Hampshire limited liability company; SEAN SAAD, an individual; and DOES 1 through 10, inclusive, Defendants.

CASE NO. CV 09-02337 RMW (PVT) MONEY JUDGMENT AND PERMANENT INJUNCTION

MONEY JUDGMENT AND PERMANENT INJUNCTION

CASE NO. CV 09-02337 RMW (PVT)

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November 20 On ______________________, 2009, this Court entered in this action its Order Granting Motion For Entry Of Default Judgment And Issuance Of Permanent Injunction Against Defendants. In accordance therewith, IT IS HEREBY ORDERED and ADJUDGED as follows: 1. Plaintiff Autodesk, Inc. ("Autodesk") shall recover from defendants

Buypcsoft.com, Inc., Mehran Tabatabayee, H S Squared International, LLC, and Sean Saad $540,115 (collectively, "Defendants"), jointly and severally, a total judgment amount of $540,635, with 0.33 interest to accrue thereon from the date of entry of this Judgment at the rate of _______ percent per annum as provided by law; 2. Pursuant to 17 U.S.C. §§ 502(a) and 1203(b)(1) and 15 U.S.C. §§ 1114(2) and

1116(a), Defendants, and each of them, and their respective agents, servants, employees, successors, and assigns, and all other persons acting in concert or conspiracy with Defendants or affiliated with Defendants, are permanently enjoined and restrained from: (a) copying, reproducing, distributing, or using any unauthorized copies of

Autodesk's copyrighted software products; (b) (c) otherwise infringing any of Autodesk's copyrights; using any technologies, products, services, devices, components, or parts

thereof to circumvent technological copyright protection measures associated with any of Autodesk's software products; (d) copying, reproducing, advertising, offering for sale, distributing, or using

any software products under or in connection with any of Autodesk's trademarks or any other marks confusingly similar thereto; (e) using in any manner any of Autodesk's trademarks, or any marks

confusingly similar thereto, in connection with any of Defendants' goods in such a manner that is likely to create the erroneous belief that said goods are authorized by, sponsored by, licensed by, or are in some way associated with Autodesk; and (f) 3. otherwise infringing any of Autodesk's trademarks.

Defendants are hereby ordered to immediately destroy: (a) any and all infringing copies in Defendants' possession, custody, or control -1MONEY JUDGMENT AND PERMANENT INJUNCTION
CASE NO. CV 09-02337 RMW (PVT)

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of Autodesk's software products and materials bearing Autodesk's trademarks without Autodesk's authorization; and (b) any device or product involved in Defendants' circumvention of

technological copyright protection measures associated with any of Autodesk's software products. 4. Defendants shall file with this Court and serve on Autodesk within thirty (30) days

after entry of this injunction a report, in writing, under oath, setting forth in detail the manner and form in which Defendants have complied with the injunction. IT IS SO ORDERED AND ADJUDGED.

Dated:

11/20/2009 Hon. Ronald M. Whyte United States District Court Judge

-2MONEY JUDGMENT AND PERMANENT INJUNCTION
CASE NO. CV 09-02337 RMW (PVT)