TUMI Entertainment, Inc. v. Gao et al

Filing 50

FINAL JUDGMENT AND PERMANENT INJUNCTION. 48 The Corrected Joint Motion for Entry of Consent Final Judgment and Permanent Injunction Against Defendants Karen Ru Gao a/k/a Chao Ru Gao and Man Heung Lo a/k/a Alex Lo is GRANTED. 46 The Joint Motion for Entry of Consent Final Judgment and Permanent Injunction Against Defendants Karen Ru Gao a/k/a Chao Ru Gao and Man Heung Lo a/k/a Alex Lo is MOOT. See Judgment for details. Signed by Judge Timothy J. Corrigan on 10/21/2016. (SEJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
TUMI ENTERTAINMENT, INC., a
Florida Corporation,
Plaintiff,
v.

Case No. 3:15-cv-559-J-32MCR

KAREN RU GAO, MAN HEUNG LO,
JIN MIN CHEN, and MAN HONG LO,
Defendants/Third Party
Plaintiffs
CHANGLONG ZENG and CHANG
DONG ZENG
Third Party Defendants
FINAL JUDGMENT AND PERMANENT INJUNCTION
This case is before the Court on the Corrected Joint Motion for Entry of Consent
Final Judgment and Permanent Injunction Against Defendants Karen Ru Gao a/k/a
Chao Ru Gao and Man Heung Lo a/k/a Alex Lo only, which motion has been made
pursuant to a settlement agreement. (Doc. 48). After review of the joint motion, and
determining that there is no just reason for delay and that a judgment should be
entered pursuant to Rule 54(b), Fed. R. Civ. P., in advance of the resolution of the
remaining claims of Plaintiff as to other parties,
It is ORDERED AND ADJUDGED that:

1. The Corrected Joint Motion for Entry of Consent Final Judgment and
Permanent Injunction Against Defendants Karen Ru Gao a/k/a Chao Ru Gao and Man
Heung Lo a/k/a Alex Lo (Doc. 48) is GRANTED.
2. The Joint Motion for Entry of Consent Final Judgment and Permanent
Injunction Against Defendants Karen Ru Gao a/k/a Chao Ru Gao and Man Heung Lo
a/k/a Alex Lo (Doc. 46) is MOOT.
3. Defendants Karen Ru Gao a/k/a Chao Ru Gao (“Karen”) and Man Heung
Lo a/k/a Alex Lo (“Alex”), together with their agents, employees, successors, assigns,
corporations or other legal entities under their control and all those persons in active
concert or participation with them having notice of this Judgment are permanently
enjoined and restrained from (a) infringing United States Copyright TX 7-926-781 or
copying any software protected by said copyright or derived from the copyrighted work
or reproducing, distributing, modifying, selling, licensing, using, possessing,
exporting, importing, or otherwise violating the exclusive rights of Plaintiffs in said
copyrighted work, and from (b) copying, modifying, selling, licensing, using,
distributing, exporting, importing, or otherwise exploiting, directly or indirectly, the
TNT software or any software derived from it and described as follows:
A suite of sweepstakes games and related functionality
required to make the game available to users and track
their usage of the games, including a plurality of games that
use a video spinning reel to reveal prizes, a plurality of
poker-style games, and at least one keno-style game; said
software also including a built-in community prize feature,
such as a “bomb bonus,” in which players who choose to
participate in the community prize feature win a prize
which is displayed on their computer terminal when any
participant in the community wins.

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4. Defendants Karen Ru Gao a/k/a Chao Ru Gao (“Karen”) and Man Heung
Lo a/k/a Alex Lo (“Alex”) together with their agents, current managing employees,
assigns, corporations, or other legal entities under their control and all those persons
in active concert or participation therewith having notice of this Judgment are
responsible for good faith compliance with the injunction set forth in paragraph three
and shall make all reasonable efforts to ensure compliance with this preliminary
injunction by any customers or partners or associates of them.
5. Immediately after this Judgment, if not previously provided, the
aforesaid Defendants Karen Ru Gao a/k/a Chao Ru Gao (“Karen”) and Man Heung Lo
a/k/a Alex Lo (“Alex”), shall deliver into the possession of Plaintiffs’ counsel any and
all computer servers in their care, custody, possession, or control which embody any
copy of the copyrighted work or any of Plaintiffs’ software, and shall be under a
continuing obligation to provide such cooperation and truthful testimony as may be
required in the settlement agreement between the parties.
6. All claims made by Plaintiff against the aforesaid Defendants Karen Ru
Gao a/k/a Chao Ru Gao (“Karen”) and Man Heung Lo a/k/a Alex Lo (“Alex”) are hereby
deemed settled as to said Defendants, without assessment of costs against them.
DONE AND ORDERED in Jacksonville, Florida the 21st day of October, 2016.

sj
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Copies:
Counsel of record

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