Philip Morris USA Inc v. Yanjun Ji et al, No. 2:2005cv09011 - Document 88 (C.D. Cal. 2009)

Court Description: CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge Dean D. Pregerson in favor of Philip Morris USA Inc. and against Ching Yu Guo, aka Michael Guo. Pursuant to this Final Judgment, it is hereby ORDERED, ADJUDGED and DECREED as follows:1. Defendant, hi s officers, agents, servants, employees, and attorneys, and allpersons in active concert or participation with him, are hereby permanently enjoined from: a. Manufacturing, importing, exporting, distributing, selling, offering to sell, possessing, or otherwise using in commerce any cigarettes inpackaging bearing any Philip Morris USA trademark, including but not limited to the MARLBORO and MARLBORO LIGHTS trademarks, or any facsimile, copy or counterfeit thereof; and b. Assisting, aiding or abett ing any other person or entity in manufacturing, importing, exporting, distributing, selling, offering to sell, possessing, or otherwise using in commerce any cigarettes in packaging bearing any Philip Morris USA trademark, including but not limited to the MARLBORO and MARLBORO LIGHTS trademarks, or any facsimile, copy or counterfeit thereof. 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 Mor ris USA, as a remedy for Philip Morris USAs claims under theLanham Act and under the Tariff Act. 3. This Court shall retain jurisdiction over this action to enforce the terms of this Consent Judgment and Permanent Injunction. 4. Each party is to bear its own costs and attorneys fees. (pp)