-PJW Beachbody, LLC v. Glen Credeur et al, No. 2:2011cv01141 - Document 12 (C.D. Cal. 2011)

Court Description: FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT GLEN CREDEUR by Judge A. Howard Matz. (MD JS-6. Case Terminated). (kbr)

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-PJW Beachbody, LLC v. Glen Credeur et al Doc. 12 1 2 JS-6 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 BEACHBODY, LLC, a California Limited Liability Company, 16 FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT GLEN CREDEUR Plaintiff, 17 18 19 20 Case No.: CV11-01141 AHM (PJWx) vs. GLEN CREDEUR, an Individual, et al., Defendant. 21 22 23 24 25 The Court, pursuant to the Stipulation For Entry of Final Judgment, 26 Including Permanent Injunction (“Stipulation”) by and between Plaintiff 27 BEACHBODY, LLC (“Plaintiff”) on the one hand, and Defendant GLEN 28 CREDEUR (“Defendant”), on the other, hereby ORDERS, ADJUDICATES and -1[PROPOSED] FINAL JUDGMENT Dockets.Justia.com 1 DECREES that final judgment, including permanent injunction, shall be and 2 hereby is entered on the Complaint in the above-referenced matter as follows: 3 1. PERMANENT INJUNCTION. Defendant and any person or entity 4 acting in concert with, or at the direction of him, including any and all agents, 5 servants, employees, partners, assignees, distributors, suppliers, resellers and any 6 others over which he may exercise control, are hereby restrained and enjoined, 7 pursuant to 15 U.S.C. § 1116, from engaging in, directly or indirectly, or 8 authorizing or assisting any third party to engage in, any of the following activities 9 in the United States and throughout the world: 10 a. copying, manufacturing, importing, exporting, marketing, sale, 11 offering for sale, distributing or dealing in any product or service that uses, or 12 otherwise making any use of, any of Plaintiff’s Beachbody® and P90X® 13 trademarks and copyrights, and/or any intellectual property that is confusingly or 14 substantially similar to, or that constitutes a colorable imitation of, any of 15 Plaintiff’s Beachbody® and P90X® trademarks and copyrights, whether such use 16 is as, on, in or in connection with any trademark, service mark, trade name, logo, 17 design, Internet use, website, domain name, metatags, advertising, promotions, 18 solicitations, commercial exploitation, television, web-based or any other program, 19 or any product or service, or otherwise; 20 b. performing or allowing others employed by or representing him, 21 or under his control, to perform any act or thing which is likely to injure Plaintiff, 22 any of Plaintiff’s Beachbody® and P90X® trademarks and copyrights, and/or 23 Plaintiff’s business reputation or goodwill; 24 c. engaging in any acts of federal and/or state trademark and/or 25 copyright infringement, false designation of origin, unfair competition, dilution, or 26 other act which would tend damage or injure Plaintiff; and/or 27 28 d. using any Internet domain name or website that includes any of Plaintiff’s Trademarks and Copyrights, including the Beachbody® and P90X® -2[PROPOSED] FINAL JUDGMENT 1 marks. 2. 2 Defendant is ordered to deliver immediately for destruction all 3 unauthorized products, including counterfeit P90X® products and related products, 4 labels, signs, prints, packages, wrappers, receptacles and advertisements relating 5 thereto in his possession or under his control bearing any of Plaintiff’s intellectual 6 property or any simulation, reproduction, counterfeit, copy or colorable imitations 7 thereof, and all plates, molds, heat transfers, screens, matrices and other means of 8 making the same, to the extent that any of these items are in Defendant’s 9 possession. 3. 10 11 This Final Judgment shall be deemed to have been served upon Defendant at the time of its execution by the Court. 4. 12 The Court finds there is no just reason for delay in entering this 13 Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the 14 Court directs immediate entry of this Injunction against Defendant. 15 5. Plaintiff is entitled to recover and Defendant shall pay to Plaintiff the 16 sum of Five Hundred Thousand Dollars ($500,000.00) on Plaintiff’s Complaint for 17 Damages. 18 6. NO APPEALS AND CONTINUING JURISDICTION. No 19 appeals shall be taken from this Final Judgment, Including Permanent Injunction, 20 and the parties waive all rights to appeal. This Court expressly retains jurisdiction 21 over this matter to enforce any violation of the terms of this Final Judgment, 22 Including Permanent Injunction, and the Permanent Injunction herein. 23 /// 24 /// 25 /// 26 27 28 -3[PROPOSED] FINAL JUDGMENT 1 2 7. NO FEES AND COSTS. Each party shall bear its own attorneys’ fees and costs incurred in this matter. 3 4 5 IT IS SO ORDERED, ADJUDICATED and DECREED this 6th day of June, 2011. 6 7 8 9 _______________________________ HON. A. HOWARD MATZ United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4[PROPOSED] FINAL JUDGMENT

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