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

Filing 188

FINAL JUDGMENT AND INJUNCTION AS TO DEFENDANTS DANN DIVINE, DAPHNEE DIVINE, REJOICE SENAYE, MAWULI KRAH, ROSCHELLE SALMON, BRIDGEPORTS INT'L INC., AND HAPPY FAMILIES INT'L INC.: NOW THEREFORE, it is hereby: I. ORDERED that final judgment is ENTERED for Plaintiffs against Defendants.Each party shall bear its own costs and expenses, including its attorney's fees. II. ORDERED that a permanent injunction is ENTERED in this action as follows: Defendants, their officers, directors, members, agents, and attorneys, their personal representatives, heirs, executors, administrators, agents, and assigns, and all those in active concert or participation with them who receive actual notice of this injunction are enjoined from: a. Direc tly or indirectly infringing any of Plaintiffs' Copyrighted Works, including any copyrighted work published under any of the imprints identified on Appendix A hereto1 (the "Imprints");b. Directly or indirectly infringing any of Plainti ffs' Marks, including suchtrademarks associated with the Imprints; c. Directly or indirectly manufacturing, reproducing, importing, distributing (including returning goods purchased from another), offering for sale, and/or selling infringing cop ies of Plaintiffs' Copyrighted Works and/or Plaintiffs' Marks; and d. Knowingly (i.e., with actual knowledge or reason to know) enabling, facilitating, permitting, assisting, soliciting, encouraging, or inducing others to directly or indire ctly infringe, manufacture, reproduce, import, distribute, offer for sale, and/or sell infringing copies of Plaintiffs' Copyrighted Works and/or Plaintiffs' Marks, as further set forth in this Order. Daphnee Divine, Happy Families Intl Inc., Mawuli Krah, Roschelle Salmon, Rejoice Senaye, Bridgeports Intl Inc. and Dann Divine terminated. (Signed by Judge Kimba M. Wood on 3/1/2021) (mml)

Case 1:17-cv-00203-KMW Document 188 Filed 03/01/21 Page 1 of 6

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
PEARSON EDUCATION, INC.; CENGAGE
LEARNING, INC.; and MCGRAW-HILL GLOBAL
EDUCATION HOLDINGS, LLC,
Plaintiffs,

Case No. 17-cv-203-KMW

v.
DANN DIVINE; DAPHNEE DIVINE; REJOICE
SENAYE; MAWULI KRAH; ROSCHELLE
SALMON; JOSHUA KHALIFA; BRIDGEPORTS
INT’L INC.; and HAPPY FAMILIES INT’L INC.,
Defendants.
[PROPOSED] FINAL JUDGMENT AND INJUNCTION AS TO DEFENDANTS
DANN DIVINE, DAPHNEE DIVINE, REJOICE SENAYE, MAWULI KRAH,
ROSCHELLE SALMON, BRIDGEPORTS INT’L INC.,
AND HAPPY FAMILIES INT’L INC.
Plaintiffs Cengage Learning, Inc., McGraw Hill LLC (successor in interest to McGrawHill Global Education Holdings, LLC), and Pearson Education, Inc. (collectively, the “Plaintiffs”)
filed a complaint against Dann Divine, Daphnee Divine, Rejoice Senaye, Mawuli Krah, Roschelle
Salmon, Bridgeports Int’l Inc., and Happy Families Int’l Inc. (“Defendants”), alleging claims of
infringement pursuant to the Copyright Act, 17 U.S.C. § 101, and trademark counterfeiting
pursuant to the Lanham Act, 15 U.S.C. § 1114. The parties indicate that they have settled this
matter. In connection therewith, the parties have jointly stipulated to entry of this Final Judgment
and Permanent Injunction.
NOW THEREFORE, it is hereby:
I.

ORDERED that final judgment is ENTERED for Plaintiffs against Defendants.
Each party shall bear its own costs and expenses, including its attorney’s fees.

Case 1:17-cv-00203-KMW Document 188 Filed 03/01/21 Page 2 of 6

II.

ORDERED that a permanent injunction is ENTERED in this action as follows:
Defendants, their officers, directors, members, agents, and attorneys, their personal
representatives, heirs, executors, administrators, agents, and assigns, and all those
in active concert or participation with them who receive actual notice of this
injunction are enjoined from:
a. Directly or indirectly infringing any of Plaintiffs’ Copyrighted Works,
including any copyrighted work published under any of the imprints
identified on Appendix A hereto1 (the “Imprints”);
b. Directly or indirectly infringing any of Plaintiffs’ Marks, including such
trademarks associated with the Imprints2;
c. Directly or indirectly manufacturing, reproducing, importing, distributing
(including returning goods purchased from another), offering for sale,
and/or selling infringing copies of Plaintiffs’ Copyrighted Works and/or
Plaintiffs’ Marks; and
d. Knowingly (i.e., with actual knowledge or reason to know) enabling,
facilitating, permitting, assisting, soliciting, encouraging, or inducing
others to directly or indirectly infringe, manufacture, reproduce, import,

1

“Plaintiffs’ Copyrighted Works” means any and all textbooks or other copyrighted works, or
portions thereof, whether now in existence or later created, regardless of media type, the
copyrights to which are owned or exclusively controlled by any of the Publishers or their parents,
subsidiaries, affiliates, predecessors, successors, and assigns, whether published in the United
States or abroad.

2

“Plaintiffs’ Marks” means any and all trademarks and service marks, whether now in existence
or later created, which are owned or exclusively controlled by any of the Publishers or their
parents, subsidiaries, affiliates, predecessors, successors, and assigns, whether used in commerce
in the United States or abroad

Case 1:17-cv-00203-KMW Document 188 Filed 03/01/21 Page 3 of 6

distribute, offer for sale, and/or sell infringing copies of Plaintiffs’
Copyrighted Works and/or Plaintiffs’ Marks
III.

ORDERED that the funds in the following accounts listed below shall be
disbursed to Plaintiffs through their counsel Oppenheim + Zebrak, LLP:
a) JPMorgan (Account No. ***2619)
b) Capital One (Account No. ***7218)
c) Capital One (Account No. ***7017)
d) Capital One (Account No. ***7286)
e) Capital One (Account No. ***9131)
f) Capital One (Account No. ***6376)
g) Capital One (Account No. ***3005)
h) Capital One (Account No. ***9263)
i) Capital One (Account No. ***8247)
j) Capital One (Account No. ***0978)
k) Capital One (Account No. ***9308)
l) Capital One (Account No. ***7046)
m) Capital One (Account No. ***0945)
n) Capital One (Account No. ***6800)
o) Capital One (Account No. ***0919)
p) Capital One (Account No. ***1181)
q) Capital One (Account No. ***2143)
r) Capital One (Account No. ***6166)
s) JPMorgan (Account No. ***0322)

Case 1:17-cv-00203-KMW Document 188 Filed 03/01/21 Page 4 of 6

t) JPMorgan (Account No. ***0238)
u) JPMorgan (Account No. ***2978)
v) JPMorgan (Account No. ***2623)
w) JPMorgan (Account No. ***3880)
x) JPMorgan (Account No. ***5643)
y) E-TRADE (Account No. ***8091)
z) E-TRADE (Account No. ***8092)
aa) E-TRADE (Account No. ***9894)
bb) E-TRADE (Account No. ***0547)
cc) E-TRADE (Account No. ***7739)
dd) E-TRADE (Account No. ***3348)
ee) E-TRADE (Account No. ***2727)
ff) E-TRADE (Account No. ***2729)
gg) Amazon (ASIGJU3E80TZZ)
hh) Amazon (A1KVXHFGDK18Z6)
ii) Amazon (AUJVS5879E9OV)
jj) Amazon (A1SCHPV8CHT0QA)
IV.

ORDERED that, in addition to the disbursement of funds pursuant to Section III
above, the Defendants shall pay $100,000 to Plaintiffs, through their counsel
Oppenheim + Zebrak, LLP.

V.

FURTHER ORDERED For avoidance of doubt, and subject to and consistent
with the terms of this Permanent Injunction, the Preliminary Injunction Order
currently in place regarding a restraint on Defendants’ accounts at Amazon and

Case 1:17-cv-00203-KMW Document 188 Filed 03/01/21 Page 5 of 6

financial institutions, including, but not limited to the following accounts at
Capital One Bank ending *6994, *8464, *4923, *5911, *6035, *1948, *7313,
*8911, and *5843, is immediately dissolved.
VI.

FURTHER ORDERED that the Court retains jurisdiction for the purpose of
enforcing this Order. Without limiting the foregoing, in the event Plaintiffs
discover any new storefronts owned or operated by Defendants in violation of any
of the terms of this Permanent Injunction, Plaintiffs may move the Court for a
supplemental order as may be appropriate to effectuate the purposes of this
Permanent Injunction.

1st
March
SO ORDERED this _______ day of ______________, 2021.

/s/ Kimba M. Wood

HON. KIMBA M. WOOD
United States District Judge

Case 1:17-cv-00203-KMW Document 188 Filed 03/01/21 Page 6 of 6

Appendix A: Plaintiffs’ Imprints
Cengage Learning
Brooks Cole
Cengage
Cengage Learning
Course Technology
Delmar
Gale
Heinle 
Milady
National Geographic Learning
South-Western Educational Publishing
Wadsworth
McGraw Hill
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
McGraw Hill
NTC/Contemporary
Osborne
Schaum’s
Pearson
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
Que Publishing
Sams Publishing