Otter Products LLC v. Marissa Lesperance et al, No. 2:2013cv01497 - Document 14 (C.D. Cal. 2013)
Court Description: JUDGMENT by Judge Consuelo B. Marshall. Plaintiff OTTER PRODUCTS, LLC ("Plaintiff"), is hereby awarded final judgment on its claims for relief against Defendant MARISSA LESPERANCE ("Defendant"), in the sum of $1,200,00.00 (15 U.S.C. 1117 (c)(2), as the prevailing party in this action, pursuant to Rule 55(b) of the Federal Rules of Civil Procedure and under Local Rule 55-1. Under Rule 55-3, Plaintiff is awarded attorney's fees of $5,600.00. Pursuant to 15 U.S.C. 1117(a), Plaintiff is entitled to judgment against said Defendant for recovery of total costs Plaintiff has incurred in this action due to Defendant's violation of 15 U.S.C. 1125(a), and willful violation of 15 U.S.C.(c) in the amount of $524.00 (MD JS-6, Case Terminated). (bp)
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Otter Products LLC v. Marissa Lesperance et al 1 2 3 4 5 6 7 8 9 10 Doc. 14 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 Ani S. Garibyan, SBN: 274846 E-mail: agaribyan@johnsonpham.com Brett P. Ralston, SBN: 287342 E-mail: bralston@johnsonpham.com 6355 Topanga Canyon Boulevard, Suite 326 Woodland Hills, California 91367 Telephone: (818) 888-7540 Facsimile: (818) 888-7544 11 12 Attorneys for Plaintiff OTTER PRODUCTS, LLC 13 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 18 Case No.: CV13-01497 CBM (MRWx) OTTER PRODUCTS, LLC, a Colorado Limited Liability Company, 19 JUDGMENT [JS-6] Plaintiff, 20 21 v. 22 23 MARISSA LESPERANCE, an Individual; and DOES 1-10, Inclusive, 24 Defendants. 25 26 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 27 28 /// -1[PROPOSED] JUDGMENT Dockets.Justia.com 1 Plaintiff, OTTER PRODUCTS, LLC (“Plaintiff”), is hereby awarded final 2 judgment on its claims for relief against Defendant MARISSA LESPERANCE 3 (“Defendant”), in the sum of $1,200,000.00 (15 U.S.C. §1117 (c)(2)), as the 4 prevailing party in this action, pursuant to Rule 55(b) of the Federal Rules of Civil 5 Procedure and under Local Rule 55-1. Under Local Rule 55-3, Plaintiff is 6 awarded attorneys’ fees of $5,600.00. Pursuant to 15 U.S.C. §1117(a), Plaintiff is 7 entitled to judgment against said Defendant for recovery of total costs Plaintiff has 8 incurred in this action due to Defendant’s violation of 15 U.S.C. §1125(a), and 9 willful violation of 15 U.S.C. §1125(c) in the amount of $524.00. 10 Furthermore, IT IS HEREBY ORDERED that Defendant and her agents, 11 employees, officers, directors, owners, attorneys, representatives, successor 12 companies, related companies, and all persons acting in concert or participation 13 with her, and each of them, shall be permanently restrained from: 14 a. The import, export, making, manufacture, reproduction, assembly, 15 use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, 16 distribution, shipment, licensing, development, display, delivery, marketing, 17 advertising or promotion of the counterfeit OTTERBOX® product identified in the 18 Complaint and any other unauthorized OTTERBOX® product, or products bearing 19 Plaintiff’s Trademarks (including any non-genuine reproduction, counterfeit, copy 20 or colorable imitation thereof). 21 b. The import, export, making, manufacture, reproduction, assembly, 22 use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, 23 distribution, shipment, licensing, development, display, delivery, marketing, 24 advertising or promotion of the infringing and diluting product identified in the 25 Complaint and any other product which infringes or dilutes any Plaintiff’s 26 Trademark, trade name and/or trade dress including, but not limited to, any of 27 Plaintiff’s Trademarks at issue in this action. 28 c. The unauthorized use, in any manner whatsoever, of any Plaintiff’s -2[PROPOSED] JUDGMENT 1 trademark, trade name and/or trade dress including, but not limited to, the 2 Plaintiff’s Trademarks at issue in this action, any variants, colorable imitations, 3 translations and/or simulations thereof and/or any items that are confusingly 4 similar thereto, including specifically: 5 i. on or in conjunction with any product or service; and 6 ii. on or in conjunction with any advertising, promotional materials, labels, hangtags, packaging, or containers. 7 8 d. The use of any trademark, trade name, or trade dress that falsely 9 represents, or is likely to confuse, mislead or deceive purchasers, customers, or 10 members of the public to believe that unauthorized product imported, exported, 11 manufactured, reproduced, distributed, assembled, acquired, purchased, offered, 12 sold, transferred, brokered, consigned, distributed, stored, shipped, marketed, 13 advertised and/or promoted by Defendant originates from Plaintiff, or that said 14 merchandise has been sponsored, approved, licensed by, or associated with 15 Plaintiff or is, in some way, connected or affiliated with Plaintiff. 16 e. Engaging in any conduct that falsely represents that, or is likely to 17 confuse, mislead, or deceive purchasers, customers, or members of the public to 18 believe that Defendant herself is connected with, or is in some way sponsored by 19 or affiliated with Plaintiff, purchases product from or otherwise has a business 20 relationship with Plaintiff. 21 f. Affixing, applying, annexing, or using in connection with the 22 manufacture, distribution, advertising, sale, and/or offering for sale or other use of 23 any goods, a false description or representation, including words or symbols, 24 tending to falsely describe or represent such goods as being those of Plaintiff. 25 g. Hiding, disposing of, destroying, moving, relocating or transferring 26 any and all products, advertising, promotional materials, labels, hangtags, 27 packaging or containers bearing any of Plaintiff’s Trademarks; and/or 28 h. Disposing of, destroying, moving, relocating or transferring any -3[PROPOSED] JUDGMENT 1 documents or things, including electronic records, pertaining to the purchase, 2 procurement, development, making, manufacture, use, display, advertisement, 3 marketing, licensing, sale, offer for sale, distribution, shipping, or delivery of any 4 products or services bearing any Plaintiff’s Trademarks or which otherwise refer or 5 relate to Plaintiff or any of Plaintiff’s Trademarks. 6 7 IT IS SO ORDERED. 8 9 10 11 DATED: July 18, 2013 By: ___________________________ Hon. Consuelo B. Marshall United States District Court Judge for the Central District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4[PROPOSED] JUDGMENT
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