Cooper et al v. Ningbo Xingqiang Metallic Products Co., Ltd.

Filing 27

DEFAULT and DEFAULT JUDGMENT in favor of Plaintiffs Garden Meadow, Inc. and Sandy Cooper against Defendant Ningbo Xingqiang Metallic Products Co., Ltd. in the sum of $2,850,000 for compensatory damages; and in the sum of $26,254.18 for attorney fees and costs; and in the sum of $4,702.50 for prejudgment interest. PERMANENT INJUNCTION. Signed by Judge James C. Mahan on 3/27/13. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:12-cv-00698-JCM-GWF Document 25 Filed 03/26/13 Page 1 of 4

1
2
3
4
5
6
7

L. CHRISTOPHER ROSE, ESQ.
Nevada Bar No. 7500
Email: [e-mail]
TYLER N. URE, ESQ.
Nevada Bar No. 11730
Email: [e-mail]
JOLLEY URGA WIRTH WOODBURY & STANDISH
3800 Howard Hughes Pkwy., #1600
Las Vegas, Nevada 89169
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs Sandy Cooper
and Garden Meadow, Inc.

8
UNITED SATES DISTRICT COURT
Jolley Urga Wirth Woodbury & Standish

3800 HOWARD HUGHES PARKWAY, SUITE 1600, LAS VEGAS, NV 89169
TELEPHONE: [phone] FAX: [phone]

9
DISTRICT OF NEVADA

10
11

SANDY COOPER, an individual, GARDEN
MEADOW, INC., a Connecticut corporation,

12

Plaintiffs,

CASE NO. 2:12-cv-00698
DEFAULT AND DEFAULT JUDGMENT

13

vs.

14

NINGBO XINGQIANG METALLIC
PRODUCTS CO., LTD., a Chinese company,

15
Defendant.

16
17
On April 26, 2012, Plaintiffs Garden Meadow, Inc. (“Garden Meadow”) and
18
Sandy Cooper (together, “Plaintiffs”) filed their Verified Complaint [Doc. #1] against
19
Defendant Ningbo Xingqiang Metallic Products Co. Ltd. (“Defendant”) for copyright
20
infringement.

Defendant was served with the Verified Complaint, an Ex Parte

21
Application for Temporary Restraining Order and Motion for Preliminary Injunction
22
[Doc. #2], and a Temporary Restraining Order and Order to Show Cause Regarding
23
Preliminary Injunction [Doc. #8] via facsimile and email on April 27, 2012.
24
The Court held a Preliminary Injunction Hearing on May 8, 2012. There being no
25
opposition from Defendant, and this Court finding that Defendant was actually and
26
willfully engaged in committing and would continue to commit acts of copyright
27
infringement, the Court entered a Preliminary Injunction Order [Doc. #15].
28
Page 1 of 4
F:\13-03-18 Revised Def and Def Jgmt.doc

Case 2:12-cv-00698-JCM-GWF Document 25 Filed 03/26/13 Page 2 of 4

1

Service Abroad of Judicial and Extrajudicial Documents (the “Hague Convention”) by

4

transmitting the service documents1 to the Ministry of Justice for the People’s Republic

5

of China (the “Ministry”) beginning in June 2012. The Court finds that Plaintiffs have

6

complied with the service methods provided for in the Convention, Plaintiffs have been

7

diligent in their efforts in serving the documents, including resubmitting the service

8

documents three additional times, and despite Plaintiffs making every reasonable effort

9
Jolley Urga Wirth Woodbury & Standish

Plaintiffs also attempted to effectuate service pursuant to the Convention on

3

3800 HOWARD HUGHES PARKWAY, SUITE 1600, LAS VEGAS, NV 89169
TELEPHONE: [phone] FAX: [phone]

2

to obtain service through the Ministry, more than six months has elapsed and Plaintiffs

10

have still not received a certificate of service. Under these circumstances, this Court may

11

enter judgment pursuant to Article 15 of the Hague Convection. Plaintiffs also served the

12

service documents again on Defendant via Federal Express on February 15, 2013.

13

Defendant has not appeared in this action and has not filed a response to the

14

Complaint or any other pleading. After reviewing all pleadings and papers on file in this

15

matter, it is hereby:

16

ORDERED, ADJUDGED, and DECREED that Defendant’s default be entered

17

upon the record for failing to respond to the Complaint and Pursuant to the Article 15 of

18

the Hague Convention; and

19

IT IS FURTHER ORDERED, ADJUDGED, and DECREED that judgment is

20

hereby entered for Plaintiffs and against Defendant in the sum of $2,850,000 for

21

compensatory damages.

22

IT IS FURTHER ORDERED, ADJUDGED, and DECREED that judgment is

23

hereby entered for Plaintiffs and against Defendant in the sum of $26,254.18 for attorney

24

fees and costs incurred in this matter.

25
26
27
28

1

These documents included 1) Form USM-94; 2) Issued Summons to Defendant; 3) two copies of the
Verified Complaint in English; 4) two copies of the verified complaint in Chinese; 5) two copies the Ex
Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction; 6) the
Preliminary Injunction Order; and 7) an international money order in the amount of $95.

Page 2 of 4
F:\13-03-18 Revised Def and Def Jgmt.doc

Case 2:12-cv-00698-JCM-GWF Document 25 Filed 03/26/13 Page 3 of 4

1

IT IS FURTHER ORDERED, ADJUDGED, and DECREED that judgment is

2

hereby entered for Plaintiffs and against Defendant in the sum of $4,702.50 for

3

prejudgment interest.

its servants, officers, agents, employees, attorneys, and all persons acting in concert,

6

participation, or privity with them, be singly and collectively permanently enjoined from

7

copying, making, manufacturing, using, possessing, selling, offering for sale, disclosing,

8

exhibiting, reproducing, creating derivative works from, distributing, shipping, licensing,

9
Jolley Urga Wirth Woodbury & Standish

IT IS FURTHER ORDERED, ADJUDGED, and DECREED that Defendant and

5

3800 HOWARD HUGHES PARKWAY, SUITE 1600, LAS VEGAS, NV 89169
TELEPHONE: [phone] FAX: [phone]

4

developing, delivering, importing, marketing, advertising, displaying, or promoting any

10

products that are substantially similar to the total concept and feel of any of Plaintiffs’

11

copyrighted works, including, but not limited to, works incorporating a ball with a

12

distinctive foggy film-like look when unilluminated and, when illuminated, diffused

13

colored or white light which emanates from within the ball, which is incorporated into

14

decorative design configurations (e.g. plants, animals, insects, birds, fish, suns, and

15

moons) made from metal, or incorporating decorative exterior lantern housings in certain

16

shapes (e.g. circles, ovals, rectangles, pear shapes, cylinders, plants, animals, birds, and

17

fish) with distinctive sculptural metalwork having a wrought iron appearance, in frilly,

18

whimsical design configurations which constitute the exterior portions with a distinctive

19

foggy film-like look when unilluminated and, when illuminated, diffused colored or

20

white light which emanates from within the lantern, or works in any other way

21

substantially similar to the works protected by U.S. Copyright Registration VA-1-425-

22

762, VAu-1-002-280, VA-1-668-335, VA-1-668-337, VA-1-747-291, VA 1-684-990,

23

VAu 1-036-279, VA 1-341-698, VA 1-370-959, VA 1-370-956, VA 1-370-955, VA 1-

24

370-957, VA 1-425-753, VA 1-670-212, VAu 967-187, VA 1-667-902, VA 1-671-

25

///

26

///

27

///

28
Page 3 of 4
F:\13-03-18 Revised Def and Def Jgmt.doc

Case 2:12-cv-00698-JCM-GWF Document 25 Filed 03/26/13 Page 4 of 4

1

412, VA 1-670-132, VA 1-775-716, copies of which registrations are incorporated herein

2

by reference and attached hereto.

3
4

IT IS SO ORDERED.

5
_________________________________
UNITED STATES DISTRICT JUDGE

6
7

March 27, 2013
DATED:____________________________

8

Jolley Urga Wirth Woodbury & Standish

3800 HOWARD HUGHES PARKWAY, SUITE 1600, LAS VEGAS, NV 89169
TELEPHONE: [phone] FAX: [phone]

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 4 of 4
F:\13-03-18 Revised Def and Def Jgmt.doc