Floria International, Inc. v. Marino Bay Sportswear, Inc. et al, No. 2:2007cv07806 - Document 21 (C.D. Cal. 2008)
Court Description: STIPULATED ORDER ENTERING FINAL JUDGMENT FOR PLAINTIFF WITH PERMANENT INJUCTION: (See attached) JUDGMENT by Magistrate Judge Frederick F. Mumm, in favor of Floria International, Inc. against Marino Bay Sportswear, Inc. (MD JS-6, Case Terminated). (jm)
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Floria International, Inc. v. Marino Bay Sportswear, Inc. et al 1 2 3 4 5 Doc. 21 MARK FANG, ATTORNEY AT LAW, APC Mark Fang, Esq.; SBN 199073 William G. Short, Esq.; SBN 132479 215 East Daily Dr., Suite 9 Camarillo, CA 93010 Telephone: (805) 383-2788 Facsimile: (805) 388-9488 Attorney for Plaintiff FORIA INTERNATIONAL, INC. 6 7 8 9 10 11 12 13 14 15 16 17 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) FORIA INTERNATIONAL, INC., ) ) Plaintiff, ) ) vs. ) ) MARINO BAY SPORTSWEAR, INC., a California corporation; HAN FOONG (USA) , ) ) a California corporation; ) Defendants. ) ) ) ) Case No.: C 07-7806-FFM STIPULATED ORDER ENTERING FINAL JUDGMENT FOR PLAINTIFF WITH PERMANENT INJUNCTION 18 19 20 WHEREAS, on or about November 29, 2007, plaintiff FORIA INTERNATIONAL, INC. 21 (“FORIA”), commenced the above-captioned action against defendants MARINO BAY 22 SPORTSWEAR, INC., a California corporation, and HAN FOONG (USA) , a California 23 corporation (collectively “Defendants”) by filing a complaint alleging copyright infringement 24 25 under the Copyright Act of 1976, as amended, 17 U.S.C. § 101 et seq.. WHEREAS on October 1, 2008 a settlement conference was held before the Hon. 26 27 28 Frederick F. Mumm during which the parties reached settlement of their claims. On October , 2008, the parties entered into a written settlement agreement, and a Stipulation for Dismissal, -1Dockets.Justia.com 1 dismissing the parties’ respective claims and counterclaims with prejudice was thereafter filed 2 with the Court. The parties agree for the Court to retain jurisdiction over the enforcement of the 3 parties’ settlement agreement and for the Court to retain the power and authority to vacate the 4 5 6 7 8 9 10 11 dismissal of Plaintiff’s claims and replace it with a stipulated judgment for Plaintiff with permanent injunction on the terms stated herein. WHEREAS the parties have stipulated to the entry of Stipulated Order Entering Final Judgment for Plaintiff with Permanent Injunction, pursuant to the settlement terms. NOW, THEREFORE, it is hereby ORDERED, ADJUDGED, and DECREED as follows: 1. This court has jurisdiction of the subject matter and of the parties. 2. The Complaint states claims upon which relief may be granted under the 12 Copyright Act of 1976, as amended, 17 U.S.C. § 101 et seq, and Plaintiff FORIA 13 owns the registered copyright to A Buck’s Life – 7-140040, Certificate of 14 15 Registration No. VA 1-416-218, for articles of clothing. 3. 16 17 clothing without authorization by Plaintiff. 4. 18 Defendants. 5. 21 distributing, selling, and offering for sale any clothing related goods or services 23 under, or bearing, or in connection with A Buck’s Life – 7-140040 (design or any 24 simulation, reproduction, copy or colorable imitation thereof, see attached Exhibit 25 27 MARINO BAY, its directors, officers, employees and agents, and those acting in concert with them, are permanently enjoined from importing, advertising, 22 26 Judgment on the Complaint is hereby entered in favor of Plaintiff and against Defendants, and the following permanent injunction is hereby entered against 19 20 Defendant has used in commerce the mark A Buck’s Life – 7-140040 on articles of 1 & 2) 6. HAN FOONG (USA), its directors, officers, employees and agents, and those acting in concert with them, are permanently enjoined from importing, advertising, 28 -2- 1 distributing, selling, and offering for sale any clothing related goods or services 2 under, or bearing, or in connection with A Buck’s Life – 7-140040 (design or any 3 simulation, reproduction, copy or colorable imitation thereof, see attached Exhibit 4 1 & 2) 5 6 7. This Court shall retain continuing jurisdiction over the enforcement, construction and interpretation of this Judgment and Permanent Injunction. 7 JUDGMENT IS THEREFORE ENTERED in favor of Plaintiff FORIA and against Defendants 8 MARINO BAY and HAN FOONG (USA) pursuant to all the terms and conditions recited above. 9 Each party is to bear its own legal fees and costs. 10 11 12 13 14 15 Dated: 11/10/08 By: /S/ Frederick F. Mumm Hon. Frederick F. Mumm United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 1 The parties hereby stipulate and consent to the terms and conditions of the 2 STIPULATED ORDER VACATING DISMISSAL AND ENTERING JUDGMENT FOR 3 PLAINTIFF WITH PERMANENT INJUNCTION as set forth above and consent to the entry 4 thereof. 5 6 FORIA INTERNATIONAL, INC. 7 8 Dated: October ____, 2008 9 By: ______________________________ Teddy Mang Its President 10 11 MARINO BAY SPORTSWEAR, INC. 12 13 Dated: October ____, 2008 14 By: ______________________________ Its President 15 16 17 18 HAN FOONG (USA) INC. Dated: October ____, 2008 By: ______________________________ Its President 19 20 21 22 23 24 25 26 27 28 -4-
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