IOMOUNTS LLC v. Magfoot, Inc. et al

Filing 27

ORDER granting 26 Stipulated Motion for Entry of Injunction and Dismissal by Judge Christine M. Arguello on 5/23/14. This case is dismissed with prejudice.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01055 CMA-BNB
IOMOUNTS LLC,
a Colorado limited liability company,
Plaintiff,
v.
Zhengmao Zhu, an individual, d/b/a MAGFOOT, INC.
Defendant.
______________________________________________________________________________
ORDER GRANTING STIPULATED MOTION AND PERMANENT INJUNCTION
______________________________________________________________________________
This matter comes before the Court on the parties' Stipulated Motion for Entry of
Injunction and Dismissal filed May 23, 2014. The Court, having reviewed the Motion and
record, and noting that all parties have agreed to the relief requested therein, FINDS as
follows:

1.

Plaintiff alleges that Defendant infringed on Plaintiff's intellectual property, which the
Defendant has denied;

2.

The Parties have settled this matter and jointly request that the Court enter this Order
and Permanent Injunction and dismiss this case, with prejudice, each party to bear its
or his own attorneys' fees and costs; and

3.

Good cause has been shown for entry of the Permanent Injunction.
Therefore, the Court ORDERS as follows:

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1.

The Stipulated Motion is GRANTED.

2.

Defendant Zhengmao Zhu his employees, agents and contractors are hereby
permanently enjoined from using the product design shown in Ex. B in the U.S. and any
product that is “substantially similar” to the product design shown in Ex. A. The standard
for determining “substantially similar” is the standard as determined by applicable case
law as of the time of the alleged infringement, that applies in U.S. design patent
infringement cases.

3.

For the UNITED STATES and any of its protectorates, ZHU shall not directly offer to
deliver, offer to sell, sell, manufacture, have manufactured or represent as agent for any
purchase or sale or indirectly by contributing, inducing or participating with any third
party in any such acts by others, any product or component, herein designated as the
“ZHU Product”, which is substantially similar to the iOMount iOStand, as shown in Ex.
A, including without limitation any Magfoot stands as shown in Ex. B, or any
combination of the ball head and magnetic carrier member substantially similar to the
components of the iOMount iOStand as shown in Ex. A and Ex. C.

4.

ZHU shall not advertise or market on any internet sites directed to the United States or
any sites that enable orders for the product to be fulfilled to a United States shipping
address, any ZHU Products that are substantially similar to the iOMount iOStand or the
combination of the ball head and magnetic carrier thereof, for itself or others in any form
or media. A website shall not be deemed to be deliberately directed to U.S. customers if
it includes a foreign country code in the domain name. The website must prominently
state that the product is not for sale in or into the United States and that if any customer

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attempts to order the product for shipment to a United States address, Defendant will not
fulfill the order.
5.

This injunction does not determine any claim, defense or asserted right by either party
that may arise from future acts related to Zhu’s manufacture, importation, sale or offering
for sale, directly, indirectly, or in cooperation with others, of products other than the ZHU
Product in Ex. B, including future claims of infringement of the intellectual property
asserted in the Litigation or of claims based on additional patents, trademarks, or trade
dress claimed by iOmounts.

6.

Within 45 days ZHU shall destroy all of its ZHU Products or its component parts located
in the United States or its territories.

7.

Within 45 days ZHU shall produce to iOMount’s counsel the following information
related to the ZHU Products:
a. The name and address of any manufacturer, distributor, importer, supplier, subdistributor, sales agents, or sales reps, whether in the United States or not, of the ZHU
Products or their components;
b. To the extent any third party has design drawings, manufacturing specifications,
molds or documents used to construct, manufacture or source components of the ZHU
Products, ZHU shall provide their name, address and their role in the manufacture or
assembly of the ZHU Products;
c. The number and description of units, components or sub-assemblies of the ZHU
Products manufactured by or for ZHU or any other importer or distributor;

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d. The number and description of units or components of the ZHU Products delivered to
ZHU or any other importer or distributor in the United States and at what period of
time;
e. The number and description of units or components of the ZHU Products delivered
outside the United States and at what period of time;
f. Separately provide the number and description of units or components of the ZHU
Products sold in the United States and outside the United States by ZHU and the
dates;
g. The name and address of any purchaser and the shipping address of the ZHU Products
in the United States and the number and description of units or components purchased
by each;
h. If there were any sales to any buyer outside the United States, and the quantity was
greater than 20, the name and address of the buyer, the shipping address, the number
and description sold, the date of sale;
i. Certification that all advertising, marketing, internet market, e.g. eBay without
limitation, or other activities related to distribution, offering for sale, or sale of the
ZHU Products in or to the United States have been cancelled or stopped, including
without limitation any internet, social network, or online marketing listings or other
postings;
j. Certification that any remaining inventory of ZHU Products in the United States has
been destroyed; and
k. Certification that all United States orders or supplies of the ZHU Products in vendor’s
or supplier’s possession have been destroyed and orders cancelled.

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This case is DISMISSED WITH PREJUDICE; each party shall pay its or his own
attorney's fees and costs. This Court shall retain jurisdiction to enforce this Permanent
Injunction; and
The Clerk shall enter Judgment on this Order of Dismissal.
DATED this 23rd day of May, 2014.

By:

_____________________________________
Christine M. Arguello
United States District Court Judge

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