Reno-Tahoe Specialty, Inc. v. Mungchi, Inc.

Filing 73

DEFAULT JUDGMENT and Permanent Injunction in favor of Plaintiff Reno-Tahoe Specialty, Inc. and against Defendants Top Design and Kyung Su Lee in the amount of $72,600.00, plus interest. Signed by Judge Gloria M. Navarro on 12/10/13. (Copies have been distributed pursuant to the NEF - EDS)

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Case 2:12-cv-01051-GMN-VCF Document 70 Filed 11/21/13 Page 4 of 6 1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 *** 5 6 RENO-TAHOE SPECIALTY, INC., Plaintiff, 7 8 vs. 9 2:12-cv-01051-GMN-VCF FINAL JUDGMENT ON DEFAULT AND PERMANENT INJUNCTION MUNGCHI, INC., et al., Defendants. 10 11 Plaintiff Reno-Tahoe Specialty, Inc. having filed an application for entry of default judgment 12 against Defendants Top Design and Kyung Su Lee pursuant to Rule 55 of the Federal Rules of Civil 13 Procedure, the Clerk of the Court having entered Default against Defendants on March 4, 2013, and, this 14 Court having now given due consideration to Plaintiff’s application for such judgment as well as all 15 papers, pleadings, and exhibits offered in support thereof by Plaintiff, the Court being further fully 16 advised in the matter, it is therefore, 17 ORDERED, ADJUDGED and DECREED that Judgment be entered in favor of Plaintiff Reno- 18 Tahoe Specialty, Inc. and against Top Design and Kyung Su Lee, jointly and severally, on all counts of 19 Plaintiff’s Complaint; and, it is further ordered and adjudged that said Judgment shall include the 20 following specific findings of fact and awarding of specific relief: 21 Plaintiff is the owner of U.S. Copyright Registration Nos. VA 993-271, VA 993-270, and VA 1- 22 198-412 (collectively the “695 View”) for various iterations of its “695 View” image of the Las Vegas 23 Strip; 24 25 Defendants, without the knowledge or consent of Plaintiff, copied the 695 View into some storage medium; Case 2:12-cv-01051-GMN-VCF Document 70 Filed 11/21/13 Page 5 of 6 1 2 Defendants, without the knowledge or consent of Plaintiff, manipulated copies of the 695 View to create derivative works for use on T-shirts; 3 Defendants, without the knowledge or consent of Plaintiff, used the 695 View for their own T- 4 shirts to be sold at the same stores in which Plaintiff sells its own merchandise containing the 695 View; 5 The infringing T-shirts created, manufactured and distributed by Defendants are nearly identical 6 7 8 9 10 to the 695 View; Defendants, without the knowledge or consent of Plaintiff, distributed and sold their infringing T-shirts to gift stores throughout Las Vegas; Defendants removed the copyright management information from the 695 View before copying them to create the infringing T-shirts. 11 Defendants continue to manufacture, distribute and sell its infringing t-shirts to the public; 12 Defendants’ conduct constitutes infringement of Plaintiff’s copyrights in the 695 View; Plaintiff 13 14 15 and Defendants are competitors; Defendants’ use of the 695 View was intended to disrupt Plaintiff’s prospective economic advantage; 16 Defendants have acted willfully in their infringement of the 695 View; 17 Should Defendants’ use of an image that is nearly identical to Plaintiff’s copyrighted 695 View 18 continue, Plaintiff will continue to suffer irreparable injury for which an award of damages 19 would be inadequate; and 20 Defendants are liable for willful copyright infringement, removal or alternation of copyright 21 management information, unfair competition, and intentional interference with prospective economic 22 advantage. 23 THEREFORE, IT IS HEREBY ORDERED that Defendants Top Design and Kyung Su Lee and 24 their agents, servants, employees and/or all persons acting in concert or participation with Defendants 25 2 Case 2:12-cv-01051-GMN-VCF Document 70 Filed 11/21/13 Page 6 of 6 1 are hereby permanently enjoined from copying, manipulating, adapting, reproducing, uploading, 2 distributing, sharing, selling or displaying Plaintiff’s 695 View or any derivatives thereof; and IT IS FURTHER ORDERED that Defendants Top Design and Kyung Su Lee, jointly and 3 4 severally, pay Plaintiff statutory damages of $50,000.00 for their willful copyright infringement; 5 and 6 IT IS FURTHER ORDERED that Defendants Top Design and Kyung Su Lee, jointly and 7 severally, pay Plaintiff statutory damages of $10,000 for removal or alteration of copyright management 8 information; and 9 IT IS FURTHER ORDERED that Defendants Top Design and Kyung Su Lee, jointly and 10 severally, pay Plaintiff’s attorneys’ fees in the amount of $12,000 and non-taxable costs in the amount of 11 $600; and 12 IT IS FURTHER ORDERED that interest will accrue on the total judgment amount of Seventy- 13 two Thousand Six Hundred Dollars ($72,600) at the federal court judgment rate from the date of entry of 14 this Final Judgment. 15 IT IS FURTHER ORDERED, pursuant to FRCP 54(b), the court expressly determining that 16 there is no just reason for delay, the court directs the entry of final judgment as stated herein on all 17 claims against defendants Top Design and Kyung Su Lee. 18 19 IT IS FURTHER ORDERED that jurisdiction of this case shall be retained by this Court for the purpose of enforcing this Judgment. 20 IT IS SO ORDERED: 21 DATEDthis _____ day of __________,2013. DATED this 10th day of December, 2013. 22 23 24 _________________________ The Honorable Gloria M. Navarro UNITED STATES DISTRICT ________________________________ JUDGE Gloria M. Navarro United States District Judge 25 3

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