Toyvation LLC v. Yang et al

Filing 18

FINAL JUDGMENT AND INJUNCTION ON CONSENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. This Court has jurisdiction over the parties and subject matter of this action for entry and enforcement of this Final Judgment and Injunction on Consent for one year after entry. 2. Plaintiff created and is the owner of all copyright rights in the original, ornamental, and distinctive product and package designs for the MINDSPROUT Dino Blasters ("Dino Blasters"), an air powered rocket launcher that includes three rockets-green, orange and red-bearing a dinosaur theme with unique and original dinosaur heads and body graphics, as shown below. 3. Plaintiff is the owner of several U.S. copyright registrations for the Dino Blasters rockets, including the following (collectively, "Plaintiff's Works"). 4. Plaintiff's Works are valid and enforceable. 5. Through an Amazon product listing (ASJN: B0BRCVSCFV), Defendant has been offering fo r sale an exact reproduction of the Dino Blasters toy, including Plaintiff's Works ("Infringing Product"), in the United States. 6. Shown below are photographs of the Infringing Product sold by Defendant, as further set forth herei n. 7. The manufacture and sale by Defendant of the Infringing Product infringes Plaintiff's Works. 8. Defendant acknowledges and agrees that Plaintiff has suffered and will continue to suffer irreparable harm and injury from Defen dant's continued importation, offering for sale and sale of the Infringing Product in the United States. 9. Defendant and all persons or entities acting on behalf of or in active concert or participation with Defendant, including but n ot limited to any owners or operators of the Amazon Seller account "salem-us", are hereby enjoined until the last to expire of Plaintiff's Works from making, distributing, displaying, and selling the Infringing Product or any su bstantially similar imitation thereof in the United States, and from any other act of infringement of Plaintiff's Works, including reproducing, distributing, displaying and preparing derivative works of Plaintiff's Works in the United St ates. 10. If the Court finds that Defendant has violated this Final Judgment and Injunction on Consent Plaintiff shall be entitled to (a) pursue any and all remedies available to it for such violation, including, but not limited to, seeking an o rder finding Defendant in contempt of the Injunction, and (b) an award of damages, attorneys' fees and costs incurred as a result of Plaintiff having to pursue such violation. 11. Each party waives its right to appeal this Final Judgment and Injunction on Consent. 12. Each party shall bear its own costs and attorneys' fees related to this Civil Action. 13. This Final Judgment and Injunction on Consent shall be deemed to have been served upon Defendant at the time of its entry by the Court. 14. This court retains jurisdiction to enforce the provisions of this Final Judgment and Injunction on Consent by way of contempt motion or otherwise for one year after entry. IT IS SO STIPULATED. SO ORDERED. (Signed by Judge Analisa Torres on 5/18/2023) (vfr)