Philip Morris USA Inc v. Yanjun Ji et al, No. 2:2005cv09011 - Document 83 (C.D. Cal. 2009)
Court Description: CONSENT JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT ALAN HWANG ONLY : Pursuant to an agreement between the parties, Final Judgment is hereby enteredin favor of Plaintiff Philip Morris USA Inc. and against Defendant Alan Hwang;Defendant, his of ficers, agents, servants, employees, and attorneys, and all persons in active concert or participation with him, are hereby permanentlyenjoined re plaints trademarks etc; for statutory damages in the amount of $4,000,000.00; each party is to bear its own costs and attorneys fees by Judge Dean D. Pregerson (lc)
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Philip Morris USA Inc v. Yanjun Ji et al Doc. 83 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 CENTRAL DISTRICT OF CALIFORNIA PHILIP MORRIS USA INC., Case No. CV 05-09011 DDP (AJWx) 11 Plaintiff, 12 13 14 15 vs. CONSENT JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT ALAN HWANG ONLY YANJUN JI, et al., Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] CONSENT JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT ALAN HWANG Dockets.Justia.com 1 2 3 4 5 6 7 8 Pursuant to an agreement between the parties, Final Judgment is hereby entered in favor of Plaintiff Philip Morris USA Inc. (“Philip Morris USA”) and against Defendant Alan Hwang (“Defendant”) on Philip Morris USA’s claims for violation of the Lanham Act, 15 U.S.C. §§ 1114(1), 1124 & 1125(a) and the Tariff Act, 19 U.S.C. § 1526, and California common law unfair competition. Pursuant to this Final Judgment, it is hereby ORDERED, ADJUDGED and DECREED as follows: 1. Defendant, his officers, agents, servants, employees, and attorneys, and all persons in active concert or participation with him, are hereby permanently 9 enjoined from: 10 a. Manufacturing, importing, exporting, distributing, selling, offering to 11 sell, possessing, or otherwise using in commerce any cigarettes in 12 packaging bearing any Philip Morris USA trademark, including but 13 not limited to the MARLBORO® and MARLBORO LIGHTS® 14 trademarks, or any facsimile, copy or counterfeit thereof; and 15 b. Assisting, aiding or abetting any other person or entity in 16 manufacturing, importing, exporting, distributing, selling, offering to 17 sell, possessing, or otherwise using in commerce any cigarettes in 18 packaging bearing any Philip Morris USA trademark, including but 19 not limited to the MARLBORO® and MARLBORO LIGHTS® 20 trademarks, or any facsimile, copy or counterfeit thereof. 21 22 2. Pursuant to 15 U.S.C. § 1117(c), statutory damages in the amount of $4,000,000 are hereby awarded against Defendant and in favor of Philip 23 Morris USA, as a remedy for Philip Morris USA’s claims under the 24 Lanham Act and under the Tariff Act. 25 26 27 28 /// /// /// -2- [PROPOSED] CONSENT JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT ALAN HWANG 1 3. This Court shall retain jurisdiction over this action to enforce the terms of 2 this Consent Judgment and Permanent Injunction. 3 4. Each party is to bear its own costs and attorneys’ fees. 4 5 6 7 8 Dated: October 05, 2009 ___________________________________ DEAN D. PREGERSON UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- [PROPOSED] CONSENT JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT ALAN HWANG
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