Moonbug Entertainment Limited v. 6383702 et al.

Filing 36

ORDER: It is hereby ORDERED as follows: I. PERMANENT INJUNCTION 1) Defaulting Defendants, their respective officers, agents, servants, employees, and all persons acting in concert with or under the direction of Defaulting Defendants (regardless of whetherlocated in the United States or abroad) who receive actual notice of this Order are permanentlyenjoined and restrained from:A. manufacturing, impo1ting, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale , selling, and/or otherwise dealing in Counterfeit Products or any other products bearing the Blippi Marks and/or marks that are confusingly similar to, identical to, and constitute a counterfeiting and/or infringement of the Blippi Marks; B. dire ctly or indirectly infringing in any manner any of Plaintiff's Blippi Marks; C. using any reproduction, counterfeit, copy, or colorable imitation of Plaintiffs Blippi Marks to identify any goods or services not authorized by Plaintiff; D. using any of Plaintiffs Blippi Marks, or any other marks that are confusingly similar to the Blippi Marks on or in connection with the manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, sell ing, and/or otherwise dealing in the Counterfeit Products; E. secreting, concealing, destroying, altering, selling off, transferring, or otherwise disposing of and/or dealing with: (i) Counterfeit Products; or (ii) any computer files, data, business records, documents, or any other records or evidence relating to: 1. Defaulting Defendants' User Accounts and/or Merchant Storefronts; ii. Defaulting Defendants' Assets; and m. the manufacture, importation, exportation, advertising, marketi ng, promotion,distribution, display, offering for sale, and/or sale of Counterfeit Products byDefaulting Defendants and by their respective officers, employees, agents,servants, and all persons in active concert or participation with any of them; and F. effecting assignments or transfers, forming new entities or associations, or creating and/or utilizing any other platform, User Accounts, Merchant Storefronts, or any other means of imp01iation, exportation, advertising, marketing, promotion, d istribution, display, offering for sale, and/or sale of Counterfeit Products for the purposes of circumventing or otherwise avoiding the prohibitions set forth in this Order. 2) IT IS FURTHER ORDERED that Defaulting Defendants must deliver up for de struction to Plaintiff any and all Counterfeit Products and any and all packaging, labels, tags, advertising and promotional materials, and any other materials in the possession, custody, or control of Defaulting Defendants that infringe any of Pla intiffs trademarks, copyrights, or other rights including, without limitation, the Blippi Marks, or bear any marks that are confusingly similar to the Blippi Marks pursuant to 15 U.S.C. § 1118. II. MISCELLANEOUS RELIEF 1) Any failure by Default ing Defendants to comply with the terms of this Order shall be deemed contempt of Court, subjecting Defaulting Defendants to contempt remedies to be determined by the Court, including fines and seizure of property. 2) This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/6/2022) (ks)