eAdGear, Inc. v. Liu et al

Filing 28

DEFAULT JUDGMENT AND PERMANENT INJUNCTION. Signed by Judge Ronald M. Whyte on September 12, 2012. (rmwlc2, COURT STAFF) (Filed on 9/12/2012)

Case5:11-cv-05398-RMW Document27 Filed09/11/12 Page1 of 4

1
2
3
4

Danning Jiang, Esq. (CA BAR No. 196985)
LAW OFFICES OF DANNING JIANG
271 North First Street
San Jose, California 95113
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]

5
6

Attorneys for Plaintiff
eAdGear, Inc., dba www.eadgear.com

7
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN JOSE DIVISION

12
13
14
15
16
17
18
19
20
21

)
)
Plaintiff,
)
)
Vs.
)
)
Lewis Liu, aka Wei Liu; www.eadgear.ca; )
www.zeekrewards.com; Xinzheng Wire )
Mesh Co., Ltd.; and Xinzheng Companies )
(America), Inc., and DOES 1-10,
)
inclusive,
)
)
Defendants.
)
____________________________________)
eAdGear, Inc., dba www.eadgear.com,

CASE NO. CV-11-05398 RMW (JCS)
DEFAULT JUDGMENT AND
PERMANENT INJUNCTION

Courtroom: 6
Judge:
Hon. Ronald M. Whyte

Action Filed: November 7, 2011
Trial Date: None

22
23
24
25

Plaintiff, eAdGear, Inc., dba www.eadgear.com (hereinafter “Plaintiff” or “eAdGear”),

26

has filed a motion for default judgment against defendant Lewis Liu, aka Wei Liu (hereinafter

27

“Defendant”). It is HEREBY ORDERED, ADJUDGED AND DECREED that:

28

//
JUDGMENT & PERMANENT INJUNCTION

Page 1

eAdGear, Inc. v. Liu, et al.

Case5:11-cv-05398-RMW Document27 Filed09/11/12 Page2 of 4

1

1.

Default judgment is entered in favor of Plaintiff and against Defendant for the

2

following claims two claims: (1) false designation of origin under the Lanham Act § 43(a), 15

3

U.S.C. § 1125(a); and (2) cyberpiracy, in violation of the Anticybersquatting Consumer

4

Protection Act, under 15 U.S.C. § 1125(d).

5
6

2.

The Court awards $100,000 in statutory damages in favor of Plaintiff and

against Defendant on the basis of Defendant’s cyberpiracy.

7

3.

The Court awards $595 in case costs in favor of Plaintiff and against Defendant.

8

4.

IT IS FURTHER ORDERED that the domain name eadgear.ca is transferred

9
10
11

and assigned to Plaintiff without further order of the Court.
5.

IT IS FURTHER ORDERED that a permanent injunction is entered against

Defendant as follows:

12
13

Defendant and his officers, directors, employees, attorneys, partners, agents,

14

subsidiaries, successors, assigns, affiliates and any and all persons and entities under

15

Defendant’s direction or control, or in active concert or participation with him, are

16

immediately and permanently enjoined and restrained throughout the world from:

17
18

A. Using any reproduction, counterfeit, copy or colorable imitation or

19

designation confusingly similar to the eAdGear Trademarks to identify any

20

goods or the rendering of any services not authorized by Plaintiff;

21
22

B. Engaging in any course of conduct likely to cause confusion, deception or

23

mistake, or to injure Plaintiff’s business reputation, or to dilute the distinctive

24

quality of Plaintiff’s name and Plaintiff’s eAdGear Trademarks;

25
26

C. Using a false description or representation including words or other symbols

27

tending to falsely describe or represent Defendant’s unauthorized goods or

28
JUDGMENT & PERMANENT INJUNCTION

Page 2

eAdGear, Inc. v. Liu, et al.

Case5:11-cv-05398-RMW Document27 Filed09/11/12 Page3 of 4

1

services as being those of Plaintiff or sponsored by or associated with Plaintiff

2

and from offering such goods or services into commerce;

3
4

D. Using any simulation, reproduction, counterfeit, copy, colorable imitation or

5

confusingly similar or substantially similar designation of the eAdGear

6

Trademarks in connection with the rental, promotion, advertisement, display,

7

sale, offering for sale, manufacture, production, circulation or distribution of any

8

unauthorized products in such fashion as to relate or connect, or tend to relate or

9

connect, such products in any way to Plaintiff, or to any goods or services sold,

10

manufactured, sponsored or approved by, or connected with Plaintiff;

11
12

E. Making any statement or representation whatsoever, or using any false

13

designation of origin or false description, or performing any act, which can or is

14

likely to lead the trade or public; or individual members thereof, to believe that

15

any products manufactured, distributed, sold or rented by Defendant is in any

16

manner associated or connected with Plaintiff, or is sold, manufactured,

17

licensed, sponsored, approved or authorized by Plaintiff;

18
19

F. Dealing in services that constitute infringements of any of the eAdGear

20

Trademarks or that infringe or impair Plaintiff’s rights in, or to use or to exploit,

21

said eAdGear Trademarks, or constituting any dilution of Plaintiff’s name,

22

reputation or goodwill;

23
24

G. Effecting assignments or transfers, forming new entities or associations or

25

utilizing any other device for the purpose of circumventing or otherwise

26

avoiding the prohibitions set forth in sub-paragraphs “A” through “F”, above,

27

including without limitation assisting, aiding or abetting any other person or

28

business entity to engage in or perform any of the above described acts.
JUDGMENT & PERMANENT INJUNCTION

Page 3

eAdGear, Inc. v. Liu, et al.

Case5:11-cv-05398-RMW Document27 Filed09/11/12 Page4 of 4

1
2

6.

The jurisdiction of this Court is retained for the purpose of making any further

3

orders necessary or proper for the construction or modification of this Judgment, the

4

enforcement thereof and the punishment of any violations thereof.

5

7.

The Court expressly determines that there is no just reason for delay in entering

6

this Judgment, and pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court

7

directs entry of judgment against Defendants, which shall be a final and binding order and

8

resolve this action.

9
10

IT IS SO ORDERED.

11
12
13
14

DATED:__9/12/12___________

15

By:_______________________________
HON. RONALD M. WHYTE
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
JUDGMENT & PERMANENT INJUNCTION

Page 4

eAdGear, Inc. v. Liu, et al.