Zumba Fitness LLC v. Walter Perissutti et al, No. 2:2011cv05347 - Document 23 (C.D. Cal. 2011)

Court Description: JUDGMENT by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: Plaintiff ZUMBA FITNESS,LLC, is hereby awarded final judgment on its claims for relief against defendant WALTER PERISSUTTI in the sum of $430,000.00. ( MD JS-6. Case Terminated ) (bp)

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Zumba Fitness LLC v. Walter Perissutti et al Doc. 23 JS-6 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 16 JUDGMENT Plaintiff, 17 18 Case No.: CV11-05347 RSWL (FMOx) ZUMBA FITNESS, LLC, a Florida Limited Liability Company, vs. 19 20 WALTER PERISSUTTI, an Individual, and Does 1-10, Inclusive, 21 22 Defendant. _________________________________ 23 24 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 25 Plaintiff ZUMBA FITNESS, LLC, is hereby awarded final judgment on its 26 claims for relief against Defendant WALTER PERISSUTTI in the sum of 27 $430,000.00 under 15 U.S.C. §1117(c)(2) and 17 U.S.C. §504(c)(2), as the 28 prevailing party in this action, pursuant to Rule 55(b) of the Federal Rules of Civil -1JUDGMENT Dockets.Justia.com 1 Procedure and under Local Rule 55-1. 2 awarded attorneys’ fees of $5,600.00. Plaintiff is further awarded costs, pursuant 3 to the Trademark Act and Copyright Act, 17 U.S.C. §504(c), in the amount of 4 $669.31. Furthermore, Defendant is permanently enjoined and restrained from the 5 following activities and conduct and ordered as follows: 6 a) Under Local Rule 55-3, Plaintiff is Defendant and any person or entity acting in concert with, or at the 7 direction of him, including any and all agents, servants, employees, partners, 8 assignees, distributors, suppliers, resellers and any others over which he 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: 13 i) copying, manufacturing, importing, exporting, marketing, sale, 14 offering for sale, distributing or dealing in any product or service that uses, or 15 otherwise making any use of, any of Plaintiff’s Zumba® and Zumba Fitness® 16 trademarks and copyrights, and/or any intellectual property that is confusingly or 17 substantially similar to, or that constitutes a colorable imitation of, any of 18 Plaintiff’s Zumba® and Zumba Fitness® trademarks and copyrights, whether such 19 use is as, on, in or in connection with any trademark, service mark, trade name, 20 logo, design, Internet use, website, domain name, metatags, advertising, 21 promotions, solicitations, commercial exploitation, television, web-based or any 22 other program, or any product or service, or otherwise; 23 ii) performing or allowing others employed by or representing him, 24 or under his control, to perform any act or thing which is likely to injure Plaintiff, 25 any of Plaintiff’s Zumba® and Zumba Fitness® 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 -2JUDGMENT 1 other act which would tend damage or injure Plaintiff; and/or iv) 2 using any Internet domain name or website that includes any of 3 Plaintiff’s Trademarks and Copyrights, including the Zumba® and Zumba 4 Fitness® marks. 5 b) Defendant is ordered to deliver immediately for destruction all 6 unauthorized products, including counterfeit Zumba Fitness® products and related 7 products, labels, signs, prints, packages, wrappers, receptacles and advertisements 8 relating thereto in his possession or under his control bearing any of Plaintiff’s 9 intellectual property or any simulation, reproduction, counterfeit, copy or colorable 10 imitations thereof, and all plates, molds, heat transfers, screens, matrices and other 11 means of making the same, to the extent that any of these items are in Defendant’s 12 possession. 13 14 IT IS SO ORDERED, ADJUDICATED and DECREED this 9th day of November, 2011. 15 16 17 18 RONALD S.W. LEW _______________________________ HON. RONALD S. W. LEW Senior, U.S. District Court Judge 19 20 21 22 23 24 25 26 27 28 -3JUDGMENT

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