Pearson Education, Inc. et al v. Does 1-100

Filing 151

DEFAULT JUDGMENT AND PERMANENT INJUNCTION: Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants, their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with them, are perman ently enjoined and restrained from directly or indirectly infringing any copyrighted work or any trademarks that are owned or exclusively controlled by Plaintiffs ( or any parent, subsidiary, or affiliate of Plaintiffs as set forth in Appendix A), whether now in existence or later created ("Plaintiffs' Works"); As further set forth in this Default Judgment. IT IS FURTHER ORDERED that this Court shall retain jurisdiction over the parties and the subject matter of this liti gation for the purpose of interpretation and enforcement of this Permanent Injunction. IT IS FURTHER ORDERED that this action is referred to Magistrate Judge Fox for an inquest after default to ascertain damages. FINAL DEFAULT JUDGMENT is hereby en tered in favor of Plaintiffs against Defendants Heliosbooks, Inc., Hamid Khan, Sharma Rajesh, YK Sharma, Bhagwat Prakash, Boosti, LLC, Oliver W. Chen, Siow Hong Chang, Meng Zhang, Manuj Oberoi, Patrick Medley, and Dilshad Saifi. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 133. Motions terminated: 133 MOTION for Default Judgment as to Defendants Heliosbooks, Inc., Hamid Khan, Sharma Rajesh, YK Sharma, Bhagwat Prakash, Boosti, LLC, Oliver W. Chen, Siow Hong Chang, Meng Zhang, Manuj Oberoi, Patrick Medley, and Dilshad Saifi. filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc. (Signed by Judge Kimba M. Wood on 3/5/2020) (va)

USDCSDNY
DOCUMENT
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW §k!CTRONICALL Y FILED
DOC#:
.
DATE FILED: ·3 / S-/-:J... 0
PEARSON EDUCATION, INC., CENGAGE
LEARNING, INC., and MCGRAW-HILL
GLOBAL EDUCATION HOLDINGS , LLC
Plaintiffs,
V.

Case No. l: 17-CV-203 (KMW)
DEFAULT JUDGMENT AND
PERMANENT INJUNCTION

HELIOSBOOKS INC.; KOL YO HRISTOV;
RAMAN KANDOLA; NICHOLAS LITTLE;
HAMID KHAN; SHARMA RAJESH; YK
SHARMA; BHAGWAT PRAKASH; BOOST!,
LLC; MY BOOK DRIVE, INC.; OLIVER W.
CHEN; SIOW HONG CHANG; BLUE ROCKET
BOOKS LTD.; DONALD BOONE; LUKE
BROWN; FINE LINE MEDIA LLC; PRINCE
JOHNSON; PRINCE SANCHEZ; MENG
ZHANG; SITAPA RUJIKIETGUMJORN; WASIN
RUJIKIETGUMJORN; MANUJ OBEROI;
PATRICK MEDLEY; JAMES NELSON;
ROGGER FARBER; FBAAZ, CORP. ; DERICK
RADFORD ; JONATHAN HINDS ; DILSHAD
SAIFI; ANDREW BAILEY; SAMANTHA
ANDERSON; and DOES 1-10,
Defendants.

KIMBA M. WOOD, District Judge:
Plaintiffs Pearson Education, Inc., Cengage Learning, Inc., and McGraw-Hill Global
Education Holdings, LLC (collectively, "Plaintiffs") initiated this action on January 11 , 2017
against Doe defendants. ECF No. 1. At the same time that they filed the Complaint, Plaintiffs
made an application ex parte for a temporary restraining order, expedited discovery, and an order to
show cause why a preliminary injunction should not issue, which was granted. Ex Parte Order, Jan.
17, 2017, ECF No. 3. Plaintiffs served Doe defendants with their moving papers, the Ex Parte
Order, and Complaint by email. See Deel. of Service, ECF No. 11. After a show cause hearing,

the Court issued preliminary injunctions against the Doe Defendants that did not stipulate on
February 13, 2017. Prelim. Injs. , ECF Nos. 44, 45 , 46. After conducting expedited discovery,
Plaintiffs filed the Amended Complaint naming, among others, Defendants Heliosbooks, Inc.,
Hamid Khan, Shanna Rajesh, YK Sharma, Bhagwat Prakash, Boosti, LLC, Oliver W. Chen, Siow
Hong Chang, Meng Zhang, Manuj Oberoi, Patrick Medley, and Dilshad Saifi (collectively,
"Defendants") on February 7, 2017. ECF No. 28. Plaintiffs served the Amended Complaint and
Summons on Defendants. See ECF Nos. 56, 57, 63 , 71 , 90, 91 , 102, 103 , 119. 119. Defendants'
answers to the Amended Complaint were due no later than March 19, 2019.
On May 14, 2019, the Clerk of Court entered a Certificate of Default, noting that
Defendants had not answered or otherwise moved with respect to the Amended Complaint and
were in default. ECF No. 129.
On November 1, 2019, Plaintiffs submitted a Motion for Default Judgment and Permanent
Injunction against Defendants pursuant to Federal Rule of Civil Procedure 55(b) and a
Memorandum of Law and Declaration in support thereof.
Having

reviewed

Plaintiffs'

papers,

and

the

entire

record

herein, the

Court

HEREBY FINDS that:
A.

Plaintiffs publish educational content in the form of physical and digital textbooks

and online tools ("Textbooks");
B.

Defendants Heliosbooks, Inc. , Hamid Khan, Sharma Rajesh, YK Sharma, Bhagwat

Prakash, Boosti, LLC, Oliver W. Chen, Siow Hong Chang, Meng Zhang, Manuj Oberoi, Patrick
Medley, and Dilshad Saifi operate the following online storefronts on
Amazon.com:
(1 )
Boosti LLC (Seller ID Al 79GETFEHNZR2), operated by Defendant
Boosti, LLC;

2

(2)
Cameron's Treasures (Seller ID AOU12I4K26OHC), operated by
Defendants Oliver W. Chen and Siow Hong Chang;
(3)
nightdream (Seller ID A2GQ8MJSSI69Z2), operated by Defendant Meng
Zhang;
(4)
ORCHIDSALES (Seller ID A3T0DRZUGQ8ZE2), operated by Defendant
Manuj Oberoi;
(5)
Plan-B-99 (Seller ID A3VBR8RLJKV8E2), operated by Defendant Patrick
Medley;
(6)
_Best_Bookstore (Seller ID AHVFVEEJX47FM), operated by Defendant
Heliosbooks, Inc. ;
(7)
Atlantic Corner (Seller ID A2R8A4DP65CE1), operated by Defendant
Hamid Khan;
(8)
Books Deposit Worldwide f/k/a Fiedel Retails (Seller ID
A2LGOO4N4RK026), operated by Defendants Sharma Rajesh, YK Sharma, and
Bhagwat Prakash; and

(9)
Saifi

Tesco Link (Seller ID ALNI5J7Y9NC6C), operated by Defendant Dilshad

(collectively, the "Online Storefronts");
C.

Defendants have been properly served in this action with the Amended Complaint

and Summonses;
D.

Because Defendants have not filed an answer or otherwise appeared in this action,

the Clerk of Court entered default against Defendants on May 14, 2019;
E.

Plaintiffs own the copyrights or exclusively control all rights, title, and interest in

and to their respective works described on Exhibit A to the Amended Complaint (the "Authentic
Works");
F.

Plaintiffs own or exclusively control all rights, title, and interest in and to their

respective trademarks and service marks described on Exhibit B to the Amended Complaint (the
"Plaintiffs ' Marks");

3

G.

Defendants have willfully infringed Plaintiffs' copyrights in the Authentic Works

and Plaintiffs' Marks in connection with Defendants' distribution, offering for sale, and/or sale
of counterfeit copies of Plaintiffs' Textbooks;
H.

Defendants' willful infringement of Plaintiffs' copyrights in the Authentic Works

and Plaintiffs' Marks has caused Plaintiffs irreparable harm;
I.

Defendants are therefore liable for willful copyright infringement under federal

law, 17 U.S.C. §§ 101, et seq., and willful trademark infringement and counterfeiting under
federal law, 15 U.S.C. § 1114; and

J.

As a result of Defendants' unlawful conduct, Plaintiffs are entitled to the entry of

a final judgment and permanent injunction against Defendants.
Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that
Defendants, their officers, agents, servants, employees, and attorneys, and all those in active
concert or participation with them, are permanently enjoined and restrained from directly or
indirectly infringing any copyrighted work or any trademarks that are owned or exclusively
controlled by Plaintiffs (or any parent, subsidiary, or affiliate of Plaintiffs as set forth in Appendix
A), whether now in existence or later created ("Plaintiffs' Works").

Without limiting the foregoing, IT IS FURTHER ORDERED that Defendants, their
officers, agents, servants, employees, and attorneys, and all those in active concert or participation
with them, are permanently enjoined and restrained from engaging in any of the following acts
without written permission from Plaintiffs as to their respective copyrights and/or trademarks:
Copying, reproducing, manufacturing, importing, advertising, promoting,
( 1)
distributing, selling, or offering to sell counterfeit or other unauthorized copies of
Plaintiffs' Works and/or counterfeit or otherwise infringing goods bearing
Plaintiffs' respective trademarks; and

4

(2)
Enabling, facilitating, perm1ttmg, ass1stmg, soliciting, encouraging, or
inducing others to copy, reproduce, manufacture, import, advertise, promote,
distribute, sell, or offer to sell counterfeit or other unauthorized copies of Plaintiffs '
Works and/or counterfeit or otherwise infringing goods bearing Plaintiffs'
respective trademarks; and
(3)
Using, operating, maintaining, ass1stmg, distributing, or supporting any
computer server, website, email address, social media account, online-marketplace
account, bank account, or payment processing system in connection with the
copying, reproducing, manufacturing, importing, advertising, promoting,
distributing, selling, or offering to sell Plaintiffs' Works and/or counterfeit or
otherwise infringing goods bearing Plaintiffs ' respective trademarks.
IT IS FURTHER ORDERED that this Court shall retain jurisdiction over the parties and
the subject matter of this litigation for the purpose of interpretation and enforcement of this
Permanent Injunction.
IT IS FURTHER ORDERED that this action is referred to Magistrate Judge Fox for an
inquest after default to ascertain damages.
FINAL DEFAULT JUDGMENT 1s hereby entered in favor of Plaintiffs against
Defendants Heliosbooks, Inc. , Hamid Khan, Sharma Rajesh, YK Sharma, Bhagwat Prakash,
Boosti, LLC, Oliver W. Chen, Siow Hong Chang, Meng Zhang, Manuj Oberoi, Patrick Medley,
and Dilshad Saifi . The Clerk of Court is respectfully directed to terminate the motion at ECF No.
133.

,

....

SO ORDERED this _f_ day of March, 2020.

r~-vi---U/rrtl
HON. KIMBA M. WOOD
United States District Judge

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APPENDIX A; PLAINTIFFS' IMPRINTS

CENGAGE LEARNING, INC.
Brooks Cole
Cengage
Cengage Learning
Course Technology
Delmar
Gale

Heinle
Milady
National Geographic Learning
South-Western Educational Publishing
Wadsworth

PEARSON EDUCATION, INC.
Addison Wesley
Adobe Press
Allyn & Bacon;
Benjamin Cummings
Brady
Cisco Press
Financial Times Press/FT Press
IBM Press

Longman
New Riders Press
Peachpit Press
Pearson
Pearson Education
Prentice Hall
Que Publishing
Sams Publishing

MCGRAW-HILL GLOBAL EDUCATION HOLDINGS, LLC
Irwin
Lange
McGraw-Hill
McGraw-Hill Education
McGraw-Hill Higher Education
McGraw-Hill Professional
McGraw-Hill Ryerson

McGraw-Hill/Appleton & Lange
McGraw-Hill/Contemporary
McGraw-Hill/Dushkin
McGraw-Hill/Irwin
NTC/Contemporary
Osborne
Schaum's

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