-E Mophie Inc v. Carl Tanner et al, No. 2:2011cv07289 - Document 17 (C.D. Cal. 2012)

Court Description: JUDGMENT by Judge Jacqueline H. Nguyen. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: Plaintiff MOPHIE, INC., is hereby awarded final judgment on its claims for relief against Defendant CARL TANNER, in the sum of $125,000.00 under 15 U.S.C. 1117(c )(2) and 17 U.S.C.504(c)(2), as the prevailing in this action, pursuant to rule 55(b) of the Federal Rules of Civil Procedure and under Local Rule 55-1. Under Local Rule 55-3, Plaintiff is awarded attorneys' fees of $6,100.00 Plaintiff is further awarded costs in the sum of $528,80. (MD JS-6, Case Terminated). (bp)

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-E Mophie Inc v. Carl Tanner et al Doc. 17 1 2 3 4 JS-6 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 16 MOPHIE, INC., formerly known as mSTATION Corporation, a California Corporation, Case No.: 2:11-cv-07289-JHN-Ex JUDGMENT 17 Plaintiff, 18 19 20 21 22 23 vs. CARL TANNER, an Individual, and Does 1-10, Inclusive, Defendants _________________________________ 24 25 26 27 28 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: Plaintiff MOPHIE, INC., is hereby awarded final judgment on its claims for relief against Defendant CARL TANNER, in the sum of $125,000.00 under 15 U.S.C. §1117(c)(2) and 17 U.S.C. §504(c)(2), as the prevailing party in this action, -1JUDGMENT Dockets.Justia.com 1 pursuant to Rule 55(b) of the Federal Rules of Civil Procedure and under Local 2 Rule 55-1. Under Local Rule 55-3, Plaintiff is awarded attorneys’ fees of 3 $6,100.00. Plaintiff is further awarded costs in the sum of $528.80. Furthermore, 4 Defendant is permanently enjoined and restrained from the following activities and 5 conduct and ordered as follows: 6 a) Defendant and any person or entity acting in concert with, or at the 7 direction of his, 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: i) 13 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 MOPHIE® trademarks and 16 copyrights, and/or any intellectual property that is confusingly or substantially 17 similar to, or that constitutes a colorable imitation of, any of Plaintiff’s MOPHIE® 18 trademarks and copyrights, whether such use is as, on, in or in connection with any 19 trademark, service mark, trade name, logo, design, Internet use, website, domain 20 name, metatags, advertising, promotions, solicitations, commercial exploitation, 21 television, web-based or any other program, or any product or service, or 22 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 MOPHIE® trademarks and copyrights, and/or Plaintiff’s business 26 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 3 4 using any Internet domain name or website that includes any of Plaintiff’s Trademarks and Copyrights, including the MOPHIE® marks. b) Defendant is ordered to deliver immediately for destruction all 5 unauthorized products, including counterfeit MOPHIE® products and related 6 products, labels, signs, prints, packages, wrappers, receptacles and advertisements 7 relating thereto in his possession or under his control bearing any of Plaintiff’s 8 intellectual property or any simulation, reproduction, counterfeit, copy or colorable 9 imitations thereof, and all plates, molds, heat transfers, screens, matrices and other 10 means of making the same, to the extent that any of these items are in Defendant’s 11 possession. 12 13 IT IS SO ORDERED, ADJUDICATED and DECREED this 2nd day of March, 2012. 14 15 16 17 _______________________________ HON. JACQUELINE H. NGUYEN United States District Judge 18 19 20 21 22 23 24 25 26 27 28 -3JUDGMENT

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