Beachbody LLC v. Dnetsales LLC et al, No. 2:2012cv05987 - Document 55 (C.D. Cal. 2013)

Court Description: JUDGMENT AGAINST DEFENDANTS HIRAM ABRAHAM, IRNAD DURMIC, JOSE CASADO, AND CHRISTOPHER RUBLE by Judge Beverly Reid O'Connell. Plaintiff is hereby awarded final judgment on its claims for relief against Defendants HIRAM ABRAHAM, IRNAD DURMIC, and JOSE CASADO in the sum of $230,000, jointly and severally. Pursuant to 15 U.S.C. § 1117(c)(1) and 17 U.S.C. § 504(c)(2), Plaintiff is hereby awarded final judgment on its claims for relief against Defendant CHRISTOPHER RUBLE in the sum of $675,000. (MD JS-6, Case Terminated). (kbr)

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Beachbody LLC v. Dnetsales LLC et al Doc. 55 JS-6 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 BEACHBODY, LLC, a California Limited Liability Company, 15 Plaintiff, 16 17 18 19 20 21 22 Case No.: CV12-05987 BRO (AJWx) v. DNETSALES, LLC, a Florida Limited Liability Company; HIRAM ABRAHAM, an Individual; IRNAD DURMIC, an Individual; JASON DAY, an Individual; JOSE CASADO, an Individual; CHRISTOPHER RIVERA, an Individual; CHRISTOPHER RUBLE, an Individual; TANJA MICKLES, an Individual; and DOES 1-10, Inclusive, JUDGMENT AGAINST DEFENDANTS HIRAM ABRAHAM, IRNAD DURMIC, JOSE CASADO, AND CHRISTOPHER RUBLE Defendants. 23 24 25 26 27 28 -1JUDGMENT Dockets.Justia.com 1 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 2 Plaintiff BEACHBODY, LLC (hereinafter “Plaintiff”), is hereby awarded 3 final judgment on its claims for relief against Defendants HIRAM ABRAHAM, 4 IRNAD DURMIC, JOSE CASADO, and CHRISTOPHER RUBLE (collectively, 5 hereinafter “Defendants”) as set forth in Plaintiff’s First Amended Complaint as 6 the prevailing party in this action under Rule 55(b) of the Federal Rules of Civil 7 Procedure (“Fed.R.Civ.P.”) and Local Rule (“L.R.”) 55-1 as follows: 8 I. Pursuant to 15 United States Code (“U.S.C.”) § 1117(c)(1) and 17 9 U.S.C. § 504(c)(1), Plaintiff is hereby awarded final judgment on its claims for 10 relief against Defendants HIRAM ABRAHAM, IRNAD DURMIC, and JOSE 11 CASADO in the sum of $230,000, jointly and severally. Pursuant to 15 U.S.C. § 12 1117(c)(1) and 17 U.S.C. § 504(c)(2), Plaintiff is hereby awarded final judgment 13 on its claims for relief against Defendant CHRISTOPHER RUBLE in the sum of 14 $675,000. 15 II. Plaintiff is further awarded attorneys’ fees against Defendants in the 16 amount of $5,600 plus 2% of the amount over $100,000 pursuant to the Schedule 17 of Attorneys’ Fees set forth in L.R. 55-3. In total, Plaintiff is awarded attorneys’ 18 fees in the amount of $21,700. 19 III. Plaintiff is further awarded costs against Defendants pursuant to the 20 Trademark Act (15 U.S.C. §1125(c)) and Copyright Act (17 U.S.C. §504(c)) in the 21 amount of $3,626.90. 22 IV. Furthermore, Defendants are permanently enjoined and restrained 23 from the following activities and conduct and ordered pursuant to 15 U.S.C. § 24 1116(a) and 17 U.S.C. § 502 as follows: 25 1. Defendants and any person or entity acting in concert with, or at 26 the direction of them, including any and all agents, servants, employees, partners, 27 assignees, distributors, suppliers, resellers and any others over which they may 28 exercise control, are hereby restrained and enjoined, from engaging in, directly or -2JUDGMENT 1 indirectly, or authorizing or assisting any third party to engage in, any of the 2 following activities in the United States and throughout the world: i. 3 copying, manufacturing, importing, exporting, marketing, 4 selling, offering for sale, distributing or dealing in any product or service that uses, 5 or otherwise making any use of, any of Plaintiff’s BEACHBODY® and/or P90X® 6 trademarks and copyrights, and/or any intellectual property that is confusingly or 7 substantially similar to, or that constitutes a colorable imitation of, any of 8 Plaintiff’s BEACHBODY® and/or P90X® trademarks and copyrights, whether 9 such use is as, on, in or in connection with any trademark, service mark, trade 10 name, logo, design, Internet use, website, domain name, metatags, advertising, 11 promotions, solicitations, commercial exploitation, television, web-based or any 12 other program, or any product or service, or otherwise; ii. 13 performing or allowing others employed by or 14 representing them, or under their control, to perform any act or thing which is 15 likely to injure Plaintiff, any of Plaintiff’s BEACHBODY® and/or P90X® 16 trademarks and copyrights, and/or Plaintiff’s business reputation or goodwill; 17 iii. engaging in any acts of federal and/or state trademark 18 infringement, copyright infringement, false designation of origin, unfair 19 competition, dilution, or other act which would tend damage or injure Plaintiff; 20 and/or 21 iv. using any Internet domain name or website that includes 22 any Plaintiff’s trademarks and copyrights, including the BEACHBODY® and/or 23 P90X® trademarks and copyrights. 24 2. Defendants are ordered to deliver immediately to Plaintiff for 25 destruction all unauthorized products, including counterfeit P90X® Extreme Home 26 Fitness kits and DVDs, and related BEACHBODY® products and materials, 27 labels, signs, prints, packages, wrappers, receptacles and advertisements relating 28 thereto in their possession or under their control bearing any of Plaintiff’s -3JUDGMENT 1 intellectual property or any simulation, reproduction, counterfeit, copy or colorable 2 imitations thereof, and all plates, molds, heat transfers, screens, matrices and other 3 means of making the same, to the extent that any of these items are in Defendant’s 4 possession. 5 IT IS SO ORDERED, ADJUDICATED and DECREED this 3rd day of July, 6 7 8 9 2013. _______________________________ HON. BEVERLY REID O’CONNELL United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4JUDGMENT 1 CERTIFICATE OF SERVICE 2 The undersigned hereby certifies that a copy of the foregoing [PROPOSED] 3 JUDGMENT was electronically filed with the Clerk of the Court using ECF 4 which will send notification and a copy of such filing to the following: 5 6 7 8 Larry Zerner Larry@ZernerLaw.com 1801 Century Park East, Suite 2400 Los Angeles, California 90067 9 10 11 12 13 I declare under the laws of the United States of America that the foregoing is true and correct. Executed on June 24, 2013 at Woodland Hills, California. By: __/s/Christopher Q. Pham_______ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5JUDGMENT

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