Autodesk Inc v. Flowers et al

Filing 50

MONEY JUDGMENT AND PERMANENT INJUNCTION. Signed by Judge Koh on 7/19/2011. (lhklc1, COURT STAFF) (Filed on 7/19/2011)

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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
1999 Harrison Street, 25th Floor
Oakland, California 94612-3520
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
AUTODESK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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AUTODESK, INC., a Delaware
corporation,

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Plaintiff,

CASE NO.: CV 10-01917-LHK
[PROPOSED] MONEY JUDGMENT
AND PERMANENT INJUNCTION

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v.

Dept.: Courtroom 4, 5th Floor
Judge: Hon. Lucy H. Koh

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ER

R NIA

ucy H
J u d ge L

. Ko h

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RT

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NO

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FO

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DERED
SO OR
IT IS
DIFIED
AS MO

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Defendants.

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O

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S

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GUILLERMO FLORES, an individual;
GREG FLOWERS, an individual;
GREGORIO FLORES, an individual; and
DOES 1 through 10, inclusive,

UNIT
ED

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N

D IS T IC T
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OF

C

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[PROPOSED] MONEY JUDGMENT AND PERMANENT INJUNCTION

CASE NO. CV 10-01917 LHK

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On January 31, 2011, this Court entered in this action its Order Granting In Part Motion

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For Default Judgment (Docket No. 43). On May 18, 2011, this Court entered in this action its

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Order Granting Motion For Attorney’s Fees And Costs (Docket No. 48). In accordance with the

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aforementioned orders, IT IS HEREBY ORDERED and ADJUDGED as follows:

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1.

Plaintiff Autodesk, Inc. (“Autodesk”) shall recover from defendants Guillermo

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Flores, Greg Flowers, and Gregorio Flores (collectively, “Defendants”), jointly and severally:

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damages in the amount of $82,500, attorney’s fees in the amount of $40,600, and costs in the

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amount of $550, for a total judgment in the amount of $123,650 (the “Judgment Amount”), with

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interest to accrue on the Judgment Amount from the date of entry of this judgment at the rate of

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0.19 percent per annum as provided by 28 U.S.C. § 1961(a);
2.

Pursuant to 17 U.S.C. §§ 502(a) and 1203(b)(1) and 15 U.S.C. §§ 1114(2) and

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1116(a), Defendants, and each of them, and their respective agents, servants, employees,

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successors, and assigns, and all other persons acting in concert or conspiracy with Defendants or

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affiliated with Defendants, are permanently enjoined and restrained from:

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(a)

copying, reproducing, distributing, or using any unauthorized copies of

Autodesk’s copyrighted software products;

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(b)

otherwise infringing any of Autodesk’s copyrights;

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(c)

manufacturing, importing, offering to the public, providing, or otherwise

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trafficking in any technologies, products, services, devices, components, or parts thereof

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primarily designed to or produced for the purpose of circumventing either a technological

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measure that effectively controls access to one or more of Autodesk’s software products or a

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protection afforded by such a technological measure (collectively, “Circumvention Technology”);

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(d)

copying, reproducing, advertising, offering for sale, or distributing any

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goods or services in connection with the unauthorized use of any of Autodesk’s trademarks or any

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other marks confusingly similar thereto;

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(e)

using in any manner any of Autodesk’s trademarks, any marks confusingly

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similar thereto, or reproductions, counterfeits, copies, or colorable imitations thereof in

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connection with any of Defendants’ goods or services in such a manner that is likely to create the
-1[PROPOSED] MONEY JUDGMENT AND PERMANENT INJUNCTION

CASE NO. CV 10-01917 LHK

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erroneous belief that said goods or services are authorized by, sponsored by, licensed by, or are in

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some way associated with Autodesk; and
(f)

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3.

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otherwise infringing any of Autodesk’s trademarks.

Pursuant to 17 U.S.C. § 503(b), 17 U.S.C. § 1203(b)(6), and 15 U.S.C. § 1118,

Defendants must immediately destroy:

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(a)

any and all infringing copies of Autodesk’s software products;

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(b)

any device or product involved in Defendants’ manufacture, importation,

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offering to the public, provision, or otherwise trafficking in any Circumvention Technology; and
(c)

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all

labels,

signs,

prints,

packages,

wrappers,

receptacles,

and

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advertisements bearing any of Autodesk’s registered trademarks without authorization; any

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materials containing false designations of origin, false descriptions, or misrepresentations of fact

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concerning Autodesk’s software products or any services or products of Defendants; any

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materials bearing any reproduction, counterfeit, copy, or colorable imitation of Autodesk’s

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registered trademarks; and all plates, molds, matrices, and other means of making the same.
4.

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Within thirty (30) days after entry of judgment in this action, Defendants shall file

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with this Court and serve on Autodesk a report, in writing, under oath, setting forth in detail the

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manner and form in which Defendants have complied with the permanent injunction imposed

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against Defendants as described herein.
IT IS SO ORDERED AND ADJUDGED.

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Dated:

July 19, 2011
Hon. Lucy H. Koh
United States District Court Judge

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-2[PROPOSED] MONEY JUDGMENT AND PERMANENT INJUNCTION

CASE NO. CV 10-01917 LHK