North Atlantic Operating Company, Inc., et al. v. Babenko, et al.

Filing 141

ORDER GRANTING Stipulated Permanent Injunction as to Ryan Davis and eBay Seller phae89 (the "Davis Defendants"). Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN

NORTH ATLANTIC OPERATING
COMPANY, INC.; NATIONAL
TOBACCO COMPANY, L.P.,

CIVIL ACTION NO. 4:15-cv14013-TGB-DRG

Honorable Terrence G. Berg
Plaintiffs,
v.
DMITRIY BABENKO, et al.
Defendants.

ORDER GRANTING STIPULATED PERMANENT INJUNCTION
Upon Stipulation by Plaintiffs North Atlantic Operating Company, Inc. and
National Tobacco Company, L.P. (together, “North Atlantic”) and Defendants
Ryan Davis and eBay Seller phae89 (together, the “Davis Defendants”),
requesting that a permanent injunction be entered against the Davis Defendants as
a condition of settlement of the dispute between these Parties, and for good cause
shown:
IT IS HEREBY ORDERED that the Davis Defendants, as well as their
agents, servants, employees, and officers, and all other persons in active concert or
participation with them are hereby permanently enjoined and restrained from
directly or indirectly, anywhere in the world:

20968730.1

1.

Importing, shipping, manufacturing, distributing, delivering,

advertising, promoting, making, purchasing, offering for sale, selling, or otherwise
disposing of, in any manner (including, but not limited to, via online marketplace
platforms such as eBay), any counterfeit or infringing ZIG-ZAG® brand cigarette
paper products, including, but not limited to, ZIG-ZAG® 11/4 Size French Orange
(“ZIG-ZAG® Orange”), or any cigarette paper products bearing:
(i)

infringing or counterfeit versions of the ZIG-ZAG®

Trademarks, the NAOC® Trademarks, the NAOC© Copyright,
and/or the ZIG-ZAG® Orange Trade Dress (as these terms are
defined in North Atlantic’s Complaint in the above-captioned action),
which appear alone or in combination on all cartons and booklets of
ZIG-ZAG® Orange cigarette paper products distributed by North
Atlantic in the United States; and/or
(ii)

the false statement that such products are “Distributed by North

Atlantic Operating Company, Inc.” or otherwise under the control or
supervision of North Atlantic, when they are not;
2.

Importing, shipping, manufacturing, distributing, delivering,

advertising, promoting, making, purchasing, offering for sale, selling, passing off,
or otherwise disposing of, in any manner (including, but not limited to, via online
marketplace platforms such as eBay), any purported North Atlantic products that

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20968730.1

are not actually produced, imported, or distributed under the control or supervision
of North Atlantic and/or approved for sale in the United States by North Atlantic,
in connection with the ZIG-ZAG® or NAOC® Trademarks or the NAOC©
Copyright, or inducing or enabling others to commit any of the aforesaid actions;
3.

Committing any acts calculated to cause purchasers to believe that

counterfeit or infringing ZIG-ZAG® cigarette paper products, including ZIGZAG® Orange, originate with North Atlantic, when they do not;
4.

In any way infringing or damaging the ZIG-ZAG® or NAOC®

Trademarks, the NAOC© Copyright, or the ZIG-ZAG® Orange Trade Dress;
5.

Otherwise unfairly competing with North Atlantic in any way;

6.

Forming or causing to be formed any corporation or other entity that

engages in any of the above-described acts;
7.

Attempting, causing, or assisting in any of the above-described acts,

including, but not limited to, enabling others in the above-described acts, or
passing on information to others to allow them to do so; and
8.

Moving, destroying, altering, deleting, or otherwise actively disposing

of any documents, records, communications, and/or electronically stored
information concerning the import, manufacture, distribution, advertisement,
promotion, making, purchase, offer to sell, or sale of any product that has been or is
intended to be sold in packaging containing the ZIG-ZAG® or NAOC®

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20968730.1

Trademarks, the NAOC© Copyright, or the ZIG-ZAG® Orange Trade Dress
(including such information stored in online marketplace and/or financial accounts,
to the extent it is maintained by and available from such online account service
providers).

SO ORDERED.
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Dated:

February 26, 2016
Flint, Michigan

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20968730.1