Popparties v. Mingfu

Filing 21

ORDER granting Plaintiff's 19 Motion for Default Judgment Against Defendant signed by Judge Richard A Jones. (TH)

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HON. RICHARD A. JONES 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 POPPARTIES LLC, a Michigan limited liability company, 10 11 12 13 Plaintiff, vs. CIVIL ACTION NO. C16-1914 RAJ [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT WANG MINGFU, individual, also known as FRANK CESAR, and doing business as FRANK VDJ 14 Defendant. 15 16 This matter came before the Court on the motion of Plaintiff POPparties LLC (“Pop 17 Parties” or “Plaintiff”), through its attorneys, Fannin Litigation Group, P.S., requesting Judgment 18 by Default against Defendant Wang Mingfu (“Mingfu” or “Defendant”). Dkt. # 19. Upon review 19 of Plaintiff’s Motion, the Declaration of Pat Fannin, and the pleadings filed in this action, the Court 20 FINDS and ORDERS as follows: 21 1. Plaintiff’s Motion for Default Judgment is GRANTED; 22 2. Defendant Mingfu and its officers, agents, servants, employees, assigns, and all 23 those in active concert or participation with any of them (“Enjoined Parties”), who 24 receive actual notice of this Permanent Injunction by personal service or otherwise, 25 are ORDERED and ENJOINED as follows: [Proposed] Order - 1 1 a. For purposes of this Permanent Injunction, the following definitions apply: 2 i. “Copyrighted Works” shall mean each of those works, or portions 3 thereof, as described by Plaintiff as Superhero Red Happy Birthday 4 Banner, Woodland Reindeer Happy Birthday Banner, and Pixel 5 Party Happy Birthday Banner, Dkt. # 1 at ¶¶ 4.3, 4.6, 4.9, in which 6 Plaintiff or its affiliate owns or controls a valid and subsisting 7 exclusive right under the Copyright Act, 17 U.S.C. § 101 et seq. 8 ii. “Infringing Item” shall mean any product, good, or merchandise 9 bearing any, or comprising a, simulation, reproduction, counterfeit, 10 copy, or colorable imitation of the Copyrighted Works or any part 11 thereof, manufactured, sold, offered for sale, advertised, marketed, 12 and/or distributed by or on behalf of Defendant in the past or in the 13 future. 14 b. Effective immediately upon the entry of this Permanent Injunction, the 15 Enjoined Parties are permanently enjoined from infringing the Copyrighted 16 Works, either directly or contributorily, including generally but not limited 17 to, by manufacturing, producing, selling, marketing, advertising, 18 promoting, displaying, offering for sale or otherwise disposing of or 19 distributing any of the Infringing Items; and 20 c. Effective immediately upon the entry of this Permanent Injunction, the 21 Enjoined Parties are permanently enjoined from inducing, aiding, abetting, 22 contributing to, or otherwise assisting anyone in infringing upon any of the 23 Copyrighted Works. 24 d. IT IS FURTHER ORDERED, that this Permanent Injunction shall be 25 binding upon and inure to the benefit of the parties and all successors, [Proposed] Order - 2 1 assigns, parent entities, subsidiaries, officers, directors, members, 2 shareholders, distributors, agents, affiliates, and all other persons who are 3 in active concert or participation with anyone described herein, who receive 4 actual notice of this Permanent Injunction by personal service or otherwise. 5 e. IT IS FURTHER ORDERED that the Court shall retain jurisdiction of this 6 action for purposes of construing, modifying, and enforcing this Permanent 7 Injunction. 8 9 10 IT IS SO ORDERED. Dated this 10th day of January, 2018. 11 12 A 13 14 The Honorable Richard A. Jones United States District Judge 15 16 17 18 19 20 21 22 23 24 25 [Proposed] Order - 3

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