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

Filing 295

FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO CERTAIN DEFENDANTS: NOW, THEREFORE, it is hereby: ORDERED that final judgment is ENTERED for Plaintiffs against Defendants. Each party shall bear its own costs and expenses, including its attorneys' fees. FURTHER ORDERED that a permanent injunction is ENTERED in this action as follows: Defendants, their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with any of them, who receive actual noti ce of this Permanent Injunction, are enjoined from: as set forth herein. FURTHER ORDERED that the Court retains jurisdiction for the purpose of enforcing this Order. FURTHER ORDERED that this Order replaces the Court's Preliminary Injunction iss ued in this matter as to Defendants.Savita Aggarwal, Shikha Aggarwal., Natasha Aggarwal, Saurabh Aggarwal, Savita Aggarwal, Shikha Aggarwal, Aggarwal Book Centre, Bookport Corp., EBF Corp. Ltd., Heliosbooks Inc., Natworld Corp., Regent International, Vedi Books Pvt. Ltd., White Leaf Corp., ABC Publishers & Distributors Pvt. Ltd. and Ayush Aggarwal terminated. (Signed by Judge Kimba M. Wood on 10/11/2022) (ama)

Case 1:17-cv-00203-KMW Document 295 Filed 10/11/22 Page 1 of 4

USDCSDNY
J)OCUMENT
ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT
#:
FOR THE SOUTHERN DISTRICT OF NEW ,~R-1',._, - - - --

DATE FILED: l O

PEARSON EDUCATION, INC., ELSEVIER INC.,
BEDFORD, FREEMAN & WORTH
PUBLISHING GROUP, LLC d/b/a MACMILLAN
LEARNING, CENGAGE LEARNING, INC., and
MCGRAW HILL LLC,
Civil Action No. 17-cv-203-KMW
Plaintiffs,
V.

SAURABH AGGARWAL, ASHOK KUMAR,
AYUSH AGGARWAL, SHIKHA AGGARWAL,
NATASHA AGGARWAL, SAVITA
AGGARWAL, ABC PUBLISHERS &
DISTRIBUTORS PVT. LTD., ABCPD
INTERNATIONAL LTD., ACADEMICBOOKS
INC., ACUITY CORP., AEGIS TRADING CORP.,
AGGARWAL BOOK CENTRE, AGGARWAL
OVERSEAS, ALLEGIS CORP., AMACO CORP.,
APEX TRADING CO., APPLEBEE'S CORP.,
ASPYR CORP., ASPYR INTERNATIONAL
LTD., BENNIGAN MEDIA CORP., BIRDWELL
CORP., BOOKMART, BOOKMOR CORP.,
BOOK.MAX CORPORATION, BOOKPORT
CORP., BOOKREX CORP., BOOKSNESENCE,
BOWLMOR CORP., BOYD BRANDS INC.,
BRUKER INTERNATIONAL CORP., COGNEVO
MEDIA CORP., COLECO CORP., COLUMBIA
BOOK CORP., CONNISSEUR TRADING INC.,
CONS MED DISTRIBUTORS CORP., CYNA
TRADING, DENBURY CORP.,
DESCRIBINGBOOKS INC., DIPPIN CORP.,
DYNERGY M EDIA INC., EBF CORP. LTD.,
ENCORE CORP. LTD., ESTERLINE CORP.,
FANAKA TRADING INC., FLEXI TRADING
CORP, FRASCA CORP., GOGREEN BOOKS
CORP., GOODWILLBOOKS INC., GRAN
BOOKS INC., GRAYBAR CORP. , HARPO
CORP., HELIOSBOOKS INC ., IN-LIGHT
LIMITED, IVORY BOOKS CORP., KALITTA
CORP., KROGER CORP., LIBERTY BOOKS,
INC., MAGNA WORLD CORPORATION,
MITTEL INC., NATWORLD CORP., NORTEL
CORP., PLUS BROKERAGE INC., PROLIFIC
TRADING INC., QUATIRO TRADING INC.,
REGENT INTERNATIONAL, RENNICS

----

(tt (~ v

Case 1:17-cv-00203-KMW Document 295 Filed 10/11/22 Page 2 of 4

BOOKSHOP AFRICA LTD., SASHA
INTERNATIONAL, LLC, SIERRA
BOOK.WORLD LIMITED, SIGNA CORP.,
TRANSGLOBALBOOKS CORP.,
TURBOBOOKS CORP., UNIWORLDBOOKS
INC., VARAHA CORP., VEDI BOOKS PVT.
LTD., WHITE LEAF CORP., YOUBOOKWORLD
INC., ZETTA CORP., and ZETTA WORLD
CORP.,
Defendants.

10 /11 { vv

~

ROPOSED)-FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO

CERTAIN DEFENDANTS
Plaintiffs Pearson Education, Inc., Elsevier Inc., Bedford, Freeman & Worth Publishing
Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., and McGraw Hill LLC, formerly
McGraw-Hill Global Education Holdings, LLC 1 (collectively, "Plaintiffs") filed claims against
Defendants ABC PUBLISHERS & DISTRIBUTORS, PVT. LTD, AGGARWAL BOOK
CENTRE, ASHOK KUMAR, AYUSH AGGARWAL, BOOK.PORT CORP., EBF CORP. LTD.,
NATASHA AGGARWAL, NATWORLD CORP., REGENT INTERNATIONAL, SAVITA
AGGARWAL, SHIKHA AGGARWAL, VEDI BOOKS PVT. LTD., WHITE LEAF CORP.,
SAURABH AGGARAWAL and HELIOSBOOKS INC. (collectively, "Defendants") for
copyright infringement pursuant to the Copyright Act, 17 U.S.C. §§ I 01 et seq., and trademark
infringement/counterfeiting pursuant to the Lanham Act, 15 U.S.C. §§ 1114(1) et seq. Plaintiffs
and Defendants indicate that they have settled this matter. In connection therewith, Plaintiffs and
Defendants have jointly stipulated to entry of this Final Judgment and Permanent Injunction.

NOW, THEREFORE, it is hereby:

1 On

January 1, 2020, McGraw Hill LLC became the successor in interest to McGraw-Hill
Global Education Holdings, LLC.
2

Case 1:17-cv-00203-KMW Document 295 Filed 10/11/22 Page 3 of 4

I.

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

II.

FURTHER ORDERED that a permanent injunction is ENTERED in this action
as follows:
a. Defendants, their officers, agents, servants, employees, and attorneys, and all
those in active concert or participation with any of them, who receive actual
notice of this Permanent Injunction, are enjoined from:
i.

Directly or indirectly infringing any of Plaintiffs' Copyrighted
Works 2 ;

ii.
111.

Directly or indirectly infringing any of Plaintiffs' Marks3;
Directly or indirectly manufacturing, reproducing, importing,
exporting, distributing, offering for sale, and/or selling infringing
copies of Plaintiffs' Copyrighted Works and/or goods bearing
infringing copies of Plaintiffs' Marks; and

iv.

Knowingly (i.e., with actual knowledge or reason to know) enabling,
facilitating, permitting, assisting, soliciting, encouraging, or inducing

2

"Plaintiffs' Copyrighted Works" means any and all textbooks or other copyrighted works, or
portions thereof, including instructor solutions manuals, instructor resource manuals, or test banks,
whether now in existence or later created, regardless of media type, the copyrights to which are
owned or exclusively controlled by any of Plaintiffs or their parents, subsidiaries, affiliates
(excluding for Macmillan Learning, its affiliates and its parents other than its immediate parent
company), predecessors, successors, or assigns, whether published in the United States or abroad.
3

"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.
3

Case 1:17-cv-00203-KMW Document 295 Filed 10/11/22 Page 4 of 4

others to directly or indirectly infringe, manufacture, reproduce,
import, distribute, offer for sale, and/or sell infringing copies of
Plaintiffs' Copyrighted Works and/or goods bearing infringing
copies of Plaintiffs' Marks.

III.

FURTHER ORDERED that the Court retains jurisdiction for the purpose of
enforcing this Order.

IV.

FURTHER ORDERED that this Order replaces the Court's Preliminary
Injunction issued in this matter as to Defendants.

SO ORDERED this

I It<--

day of O v+-o~

, 2022.

,~~.wrrt(_
KIMBA M. WOOD
United States District Judge

4