Epic Tech, LLC et al v. Raleigh Startup Solutions LLC et al

Filing 175

CONSENT PERMANENT INJUNCTION. Signed by District Judge James C. Dever III on 11/14/2023. Sent via US Mail to Garret Hall, 15 Freedom Way, Unit 85, Niantic, CT 06357 (Mann, Stephanie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:23-CV-136-D-RJ

EPIC TECH, LLC and BLUE STREAK
BIDS,LLC,
Plaintiffs,

CONSENT PERMANENT
INJUNCTION

V.

RALEIGH STARTUP SOLUTIONS LLC,
et al.,
Defendants.

Plaintiffs Epic Tech, LLC ("Epic Tech") and Blue Streak Bids, LLC ("Blue Streak") filed
their Verified Complaint [Doc. 1] seeking a preliminary injunction and other equitable relief
arising from federal claims for copyright infringement, trademark infringement, and unfair
,,

competition. This matter is now before the Court on joint motion by Plaintiffs and Defendant
Garret Hall for entry of this Consent Permanent Injunction. Having considered the record of this
action, with the consent of the parties named herein and in accordance with Federal Rule of Civil
Procedure 65(a), the Court makes the following findings:
1.

Service of process was duly made on Hall. The Court has jurisdiction over

Hall individually and has subject matter jurisdiction over the action.
2.

Injunctive relief is authorized by both federal and state law for the claims raised in

the Complaint. See 17 U.S.C. § 1322 (copyrights); 15 U.S.C. § 1116(a) (trademarks). To obtain
injunctive relief, Plaintiffs must show "[1] that [it] is likely to succeed on the merits, [2] that [it]
is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of

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equities tips in [its] favor, and [4] that an injunction is in the public interest." Winter v. Natural
Res. Def Council, Inc., 555 U.S. 7, 20 (2008).

3.

Upon review of the specific facts set forth in the Affidavits and Verified

Complaint, and based upon the consent of the parties, the Court finds that permanent injunctive
relief is appropriate in this action. Hall represents to the Court and to Plaintiffs that Hall has
ceased use, distribution, and duplication of any intellectual property of Plaintiffs in any manner
whatsoever. Hall willingly consents to entry of this permanent injunction to conclude Plaintiff's
claims as to him and as a material term of a confidential settlement agreement between the
parties.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

Garret Hall, his agents, servants, employees, confederates, and any person acting

in concert or participation with him are prohibited directly or indirectly from:
a. Copying, reproducing, marketing, distributing, selling or otherwise using in any way,
or aiding or assisting others in doing any of the foregoing, any reproduction,
counterfeit, copy, or colorable imitation of the Epic System software known as
"Legacy." Such reproduction, counterfeit, copy or colorable imitation includes but is
not limited to the software system known as "Phantom" or "Phoenix" whether known
by that name or any other.
b. Operating or offering to the public, or aiding or assisting others in operating or
offering to the public, any machines or online video or gaming systems or programs
that use any reproduction, counterfeit, copy, or colorable imitation of the Epic
System software known as "Legacy." Such reproduction, counterfeit, copy or

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colorable imitation includes but is not limited to the software system known as
"Phantom" or "Phoenix" or any derivation of same.
c. Using, copying, reproducing, marketing, distributing, selling, or offering to the public
any goods, materials, or tangible items that infringe upon any of the following
copyrights:
Registration
Number

Name

VA000 1779200

Cherries

VA000l 745457

Double Bonus Icon

VA000 1746300

Duck Bonus Icon

VA000l 745520

Lucky Duck Game Icons
and Screen

Copyrighted Work

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VA000l 747784

Lucky Seven Icon

VA000l 779212

Watermelon

d. Using, copying, reproducing, marketing, distributing, selling, or offering to the public
any goods, materials, or tangible items that infringe upon any of the following
trademarks:

,,

Regi~tratfon
Num:J,>er

'

,,

'

,

_,

~ ' ' '~

'

;

:.:·:'..'.'

Trademark -

,,

Reg(stration Type
,

,f,'

'

,,,

,

Statu~
,

,c

4,250,205

Breakfast Bonanza

Standard character mark.

Registered and
incontestable.

5,950,166

Bucks and Bucks

Standard character mark.

Registered.

3,959,135

Bustin Vegas

Standard character mark.

Registered and
incontestable.

4,272,335

Circus Party

Standard character mark.

Registered and
incontestable.

4,162,262

Crazy Casino

Standard character mark.

Registered and
incontestable

4,070,405

Deep Sea Party

Design mark.

Registered and
incontestable

4
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. Registration
Number

'•· ' Trademark<
•
"

4,272,235

Dinosaur Hunter

Standard character mark.

Registered and
incontestable

4,258,782

Fishing Mob

Standard character mark.

Registered and
incontestable.

4,070,403

Four Leaf Cash

Standard character mark.

Registered and
incontestable.

4,073,843

Goldorado

Standard character mark.

Registered and
incontestable.

Registration Type

·',:,

Design mark.

3,955,704

Hotter Than

4,272,336

Ice Cream Mania

Registered and
incontestable.

Standard character mark.

Registered and
incontestable.

Design mark.

3,853,565

Registered and
incontestable.

Lucky Duck

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Registration
Number

•Trademark

4,272,210

Mama's Money

Standard character mark.

Registered and
incontestable.

4,258,800

Plush Vampire

Standard character mark.

Registered and
incontestable.

4,272,332

Ritzy Kitty

Standard character mark.

Registered and
incontestable.

3,782,629

Robbin Some Cash

Standard character mark.

Registered and
incontestable.

Registration Type

Status

Design mark.

6,017,723

Rolling Hot Stones

4,118,449

Super Hot Hot Hot Chili
Peppers

Standard character mark.

Registered and
incontestable.

4,272,232

Vulcanus

Standard character mark.

Registered and
incontestable.

Registered.

e. Using, copying, reproducing, marketing, distributing, selling, or offering to the
public, or aiding or assisting others with using, copying, reproducing, marketing,
distributing, selling, or offering to the public any goods, materials, or tangible items
containing substantially all of or derived from source code of Legacy or of the Epic
System.
f.

Using, copying, reproducing, marketing, distributing, selling, or offering to the
public, or aiding or assisting others with using, copying, reproducing, marketing,

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distributing, selling, or offering to the public any mark or combination of marks that
are likely to cause confusion with those identified in (c)(ix) - (xiii) above.
g. Falsely representing that any product or software program is derived from Legacy.
h. Taking any action to conceal any act or combination of acts that violate any of the
foregoing including, but not limited to, the destruction of evidence or tampering with
witnesses.
2.

To the extent not already done so, Hall shall deliver all copies of the Epic System

or any derivations thereof within their possession, custody, or control to Epic Tech's counsel
within thirty (30) days of entry of this order.
3.

Any violation of the terms of the injunction entered by this Court shall be

immediately punishable by contempt upon a showing of cause, and this Court retains jurisdiction
over the parties for purposes of enforcement of this order.
4.

Pursuant to Federal Rule of Civil Procedure 65(d)(2), this Order only binds the

Plaintiffs and Hall and any of Hall's officers, agents, servants, employees, and also persons who
are in active concert with any of the foregoing who receive actual notice of this Order by personal
service or otherwise.
SO ORDERED.this Jt day of November, 2023.

JAMES C. DEVER, III
United States District Judge

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WE CONSENT:

./sf Donald R. Pocock
Donald R. Pocock, NC Bar No. 29393
Akermi1n LLP
Attorneys for Plaintiffs
I00 N. Mai11 Street, Suite 2425
Winston-Salem, NC 27 JO I
Telephb1ie: 336.296. 71 18
Fax: [phone]
E-mail: [e-mail]

Unit 85
Nianti~ GT 06357

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