Product Partners, LLC v. H&E International, LLC et al, No. 2:2010cv04881 - Document 16 (C.D. Cal. 2010)

Court Description: JUDGMENT by Judge Dolly M. Gee. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: Plaintiff Product Partners, LLC is hereby awarded final judgment on its claims for relief against Defendant H&E International, LLC in the sum of $25,000.00, as the preva iling party in this action, pursuant to Rule 55(b) of the FRCP and under L.R. 55-1. Plaintiff is also awarded attorneys fees of $1,500.00. Furthermore, Defendant is permanently enjoined and restrained. The Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of the Judgment. (MD JS-6, Case Terminated). (jp)

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Product Partners, LLC v. H&E International, LLC et al 1 2 3 4 5 6 7 8 9 10 Doc. 16 JS-6 JOHNSON & PHAM, LLP Christopher D. Johnson, SBN: 222698 E-mail: cjohnson@johnsonpham.com Christopher Q. Pham, SBN: 206697 E-mail: cpham@johnsonpham.com Marcus F. Chaney, SBN: 245227 E-mail: mchaney@johnsonpham.com 6355 Topanga Canyon Boulevard, Suite 115 Woodland Hills, California 91367 Telephone: (818) 888-7540 Facsimile: (818) 888-7544 Attorneys for Plaintiff PRODUCT PARTNERS, LLC 11 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 15 16 PRODUCT PARTNERS, LLC, a California Limited Liability Company, [PROPOSED] JUDGMENT 17 18 Case No.: CV10-04881 DMG (JCx) Plaintiff, vs. 19 20 21 H&E INTERNATIONAL, LLC, a Florida Limited Liability Company, et al., 22 23 Defendants. _________________________________ 24 25 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 26 Plaintiff PRODUCT PARTNERS, LLC, is hereby awarded final judgment 27 on its claims for relief against Defendant H&E INTERNATIONAL, LLC in the 28 sum of Twenty-Five Thousand Dollars ($25,000.00) (15 U.S.C. §1117(c)(2) and 17 -1[PROPOSED] JUDGMENT Dockets.Justia.com 1 U.S.C. §504(c)(2)), as the prevailing party in this action, pursuant to Rule 55(b) of 2 the Federal Rules of Civil Procedure and under Local Rule 55-1. Plaintiff is also 3 awarded attorneys’ fees of One Thousand Five Hundred Dollars ($1,500.00). 4 Furthermore, Defendant is permanently enjoined and restrained from the following 5 activities and conduct and ordered as follows: 6 a) Defendant and any person or entity acting in concert with, or at the 7 direction of it, including any and all agents, servants, employees, partners, 8 assignees, distributors, suppliers, resellers and any others over which it may 9 exercise control, are hereby restrained and enjoined, pursuant to 15 U.S.C. § 1116, 10 from engaging in, directly or indirectly, or authorizing or assisting any third party 11 to engage in, any of the following activities in the United States and throughout the 12 world: i) 13 copying, manufacturing, importing, exporting, marketing, 14 selling, offering for sale, distributing or dealing in any product or service that uses, 15 or otherwise making any use of Plaintiff’s BEACHBOYD® and P90X® 16 trademarks and copyrights, and/or any intellectual property that is confusingly or 17 substantially similar thereto, or that constitutes a colorable imitation of any of 18 Plaintiff’s BEACHBODY® and P90X® trademarks and copyrights, in connection 19 with any trademark, service mark, trade name, logo, design, Internet use, website, 20 domain name, metatags, advertising, promotions, solicitations, commercial 21 exploitation, television, web-based or any other program, or any product or 22 service; 23 ii) performing or allowing others employed by or representing it, 24 or under its control, to perform any act or thing which is likely to injure Plaintiff, 25 Plaintiff’s BEACHBODY® and P90X® trademarks and copyrights, and/or 26 Plaintiff’s business reputation or goodwill; 27 28 iii) engaging in any acts of federal and/or state trademark and/or copyright infringement, false designation of origin, unfair competition, dilution, or -2[PROPOSED] JUDGMENT 1 other act which would tend to damage or injure Plaintiff; and/or iv) 2 3 4 using any Internet domain name or website that includes Plaintiff’s BEACHBODY® and P90X® marks. b) Defendant is ordered to deliver immediately for destruction all 5 unauthorized products, including counterfeit P90X® products and related products, 6 labels, signs, prints, packages, wrappers, receptacles and advertisements relating 7 thereto in its possession or under its control bearing any of Plaintiff’s 8 BEACHBODY® and P90X® marks or any simulation, reproduction, counterfeit, 9 copy or colorable imitations thereof, and all plates, molds, heat transfers, screens, 10 matrices and other means of making the same, to the extent that any of these items 11 are in Defendant’s possession. 12 The Court shall retain jurisdiction of this action to entertain such further 13 proceedings and to enter such further orders as may be necessary or appropriate to 14 implement and enforce the provisions of the Judgment. 15 16 17 IT IS SO ORDERED, ADJUDGED and DECREED this 17th day of December, 2010. 18 19 20 _______________________________ DOLLY M. GEE United States District Judge 21 22 23 24 25 26 27 28 -3[PROPOSED] JUDGMENT

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