SATA GmbH & Co. KG v. Wenzhou T&E Industrial Co., Ltd. et al

Filing 51

AMENDED DEFAULT JUDGMENT and Permanent Injunction in favor of SATA GmbH & Co. KG and against Wenzhou T&E Industrial Co., Ltd. Plaintiff is awarded Statutory damages in the amount of $2,000,000, Attorneys fees in the amount of $10,177.83, and Costs in the amount of $901.49. The Clerk of the Court shall forthwith refund to SATA the $15,000 SATA initially placed on deposit with the Clerk of the Court. Signed by Judge Andrew P. Gordon on 10/28/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No. 2:13-cv-02042-APG-NJK

SATA GmbH & Co. KG, a German
corporation,

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Plaintiff,

FINAL JUDGMENT BY DEFAULT
AND PERMANENT INJUNCTION

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v.
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Wenzhou T&E Industrial Co., Ltd., a foreign
business organization, CMI Continental
Marketing International Co. Ltd., a foreign
business organization, and Kuani Gear Co. Ltd.,
a foreign business organization,

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Defendants.
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Presently before the Court is Plaintiff SATA GmbH & Co. KG’s Motion For Default

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Judgment And Permanent Injunction.

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accompanying memorandum of points and authorities, the Declaration Of Jonathan W. Fountain

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In Support Of Plaintiff’s Motion For Default Judgment And Permanent Injunction, the exhibits

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attached thereto, the papers and pleadings on file in this case, and for good cause shown,

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The Court, having considered Plaintiff’s motion, the

IT IS HEREBY ORDERED that Plaintiff’s Motion For Default Judgment And Permanent
Injunction is GRANTED.

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THE COURT FINDS that Defendant Wenzhou T&E Industrial Co., Ltd. (“Wenzhou”) was

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regularly and personally served with the Summons and Amended Complaint in this action but has

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failed to appear and answer the Amended Complaint within the period prescribed by law, that the

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default of Wenzhou was duly entered by the Clerk of the Court on July 28, 2014, and that Plaintiff

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SATA GmbH & Co. KG (“SATA”) is entitled to affirmative relief against Wenzhou. Based upon

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the foregoing findings, and good cause appearing therefore;

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Default Judgment

IT IS HEREBY ORDERED that Plaintiff SATA be awarded judgment against Defendant
Wenzhou on Plaintiff’s Amended Complaint, as follows:

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a.

Statutory damages in the amount of $2,000,000;

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b.

Attorneys’ fees in the amount of $10,177.83;
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c.

Costs in the amount of $901.49; and

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d.

Post-judgment interest on the principal sum at the judgment rate from the date of

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entry of the Judgment until paid in full.

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2.

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IT IS HEREBY FURTHER ORDERED that, Wenzhou, and its officers, agents, servants,

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employees, confederates, attorneys, and any persons acting in concert or participation with any of

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them including, without limitation, third parties providing services used in connection with

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Wenzhou’s operations and websites owned or controlled by Wenzhou (including, without

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limitation, the website at <http://www.teautotools.com>), including, Internet service providers

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(“ISPs”), domain name registries, domain name registrars, banks and other financial institutions,

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merchant account providers and payment processors (such as PayPal, Inc., Western Union), and

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any other payment processing service having knowledge of this Order by service or actual notice

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(“Restrained Parties”) are hereby permanently enjoined and restrained from:

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a.

Permanent Injunction

Using any reproduction, counterfeit, copy, or colorable imitation of the SATA

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Marks in commerce including, without limitation: (i) by selling, offering for sale, distributing,

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promoting, or advertising any good or service in connection with such reproduction, counterfeit,

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copy, or colorable imitation of the SATA Marks; (ii) by displaying any reproduction, counterfeit,

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copy, or colorable imitation of the SATA Marks on the website accessible through the

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<http://www.teautotools.com> domain name or any other website owned or controlled by

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Wenzhou or that display Wenzhou’s products (collectively, the “Enjoined Websites”); or (iii) by

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displaying any reproduction, counterfeit, copy, or colorable imitation of the SATA Marks at any

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trade show in the United States, including but not limited to, at any future Automobile

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Aftermarket Products Expo (“AAPEX”) trade show; and

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b.

Manufacturing, using, selling, offering to sell, or importing into the United States,

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paint spray guns and paint spray gun reservoirs embodying designs that are the same as or

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substantially similar to the designs claimed in U.S. design patents 459,432 S1 and 459,433 S1,

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including, without limitation, by: (i) offering to sell and selling such products to individuals or

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companies in the United States through the Enjoined Websites or otherwise; or (ii) offering to sell
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or selling such products at any trade show in the United States, including, but not limited to, at any

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future AAPEX show; and

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3.

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IT IS HEREBY FURTHER ORDERED, that the Clerk of the Court shall forthwith refund

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to SATA the $15,000 SATA initially placed on deposit with the Clerk of the Court by mailing a

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check in the amount of $15,000 made payable to SATA’s counsel, LEWIS ROCA

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ROTHGERBER LLP, addressed to Jonathan W. Fountain, Esq., Lewis Roca Rothgerber LLP,

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3993 Howard Hughes Parkway, Suite 600, Las Vegas, Nevada 89169.

Refund of Security Deposit

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ENTERED THIS ___ day ofof October, 2014.
26th day _________________, 2014.

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UNITED STATES DISTRICT JUDGE

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