-PLA Oakley, Inc. et al v. KH Mountain, a Hong Kong company, No. 8:2010cv01978 - Document 29 (C.D. Cal. 2011)

Court Description: REVISED FINAL JUDGMENT; PERMANENT INJUNCTION by Judge Cormac J. Carney, Related to: MOTION for Default Judgment against Defendant KH Mountain 20 (twdb)

Download PDF
-PLA Oakley, Inc. et al v. KH Mountain, a Hong Kong company Doc. 29 6 Michael K. Friedland (SBN 157,217) mfriedland@kmob.com Paul N. Conover (SBN 192,358) pconover@kmob.com Ali S. Razai (SBN 246,922) ali.razai@kmob.com KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, Fourteenth Floor Irvine, CA 92614 Telephone: (949) 760-0404 Facsimile: (949) 760-9502 7 Attorneys for Plaintiffs Oakley, Inc. and Eye Safety Systems, Inc. 1 2 3 4 5 8 J S -6 NOTE: CHANGES MADE BY THE COURT 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 SOUTHERN DIVISION 13 14 15 16 17 18 19 20 21 22 OAKLEY, INC., a Washington corporation; EYE SAFETY SYSTEMS, INC., a Delaware corporation ) ) ) ) ) Plaintiffs, ) ) v. ) ) KH MOUNTAIN, a Hong Kong company, ) ) ) Defendant. ) ) ) ) ) ) Case No. SACV 10-cv-01978 CJC (PLAx) [PROPOSED] REVISED FINAL JUDGMENT; PERMANENT INJUNCTION 23 24 25 26 27 28 Dockets.Justia.com 1 Per the Court’s request Plaintiffs Oakley, Inc. and Eye Safety Systems, 2 Inc. submit this Revised Proposed Judgment and Order Regarding Plaintiffs’ 3 Motion for Default Judgment Against Defendant Pursuant to Federal Rule of 4 Civil Procedure 55(b)(2), and all documents in support of Plaintiffs’ Motion for 5 Default Judgment, as well as any other evidence and arguments submitted by 6 the parties, and good cause being shown, HEREBY ORDERS: 7 1. Defendant and its officers, agents, employees, and all those persons 8 in active concert or participation with them who receive actual notice of this 9 order by personal service or otherwise, are hereby permanently enjoined and 10 restrained from directly or indirectly infringing Eye Safety Systems, Inc.’s 11 (“ESS”) U.S. Patent No. 6,047,410 (“the ‘410 patent”) in violation of 35 U.S.C. 12 § 271 by making, using, selling, offering for sale and/or importing products 13 which are covered by one or more claims of the ‘410 patent, including but not 14 limited to KH Mountain’s (“KHM”) “Tactical ESS Fan Goggle” and “Oakley 15 Style Military Polycarbonate Protection Glasses” products (“Accused 16 Products”); 17 2. Defendant and its officers, agents, and employees and all those 18 persons in active concert or participation with them who receive actual notice of 19 this order by personal service or otherwise, are hereby permanently enjoined 20 and restrained from directly or indirectly infringing ESS’s United States Patent 21 No. D510,378 patent (“the D378 patent”) in violation of 35 U.S.C. § 271 by 22 making, using, selling, offering for sale and/or importing products which are 23 covered by one or more claims of the D378 patent or are merely a colorable 24 variation thereof, including but not limited to the Accused Products; 25 3. Defendant and its officers, agents, employees, and all those persons 26 in active concert or participation with them who receive actual notice of this 27 order by personal service or otherwise, are hereby permanently enjoined and 28 restrained from: -1- A. 1 Using, copying, simulating, or in any other way infringing 2 Plaintiffs’ federally registered and common law service marks, trade names, and 3 trade dress reflected in Federal Trademark Registration Nos. 1,521,599, 4 1,356,297 and 2,449,579 (“Plaintiffs’ Marks”); B. 5 Manufacturing, importing, exporting, distributing, shipping, 6 introducing into commerce, offering for sale, selling, returning, disposing of, 7 packaging, repackaging, marketing, advertising, or supplying any goods which 8 bear, embody, display or affix Plaintiffs’ Marks, including but not limited to the 9 Accused Products; C. 10 Diluting and infringing any of Plaintiffs’ Marks or any other 11 trademarks owned by Plaintiffs and damaging Plaintiffs’ goodwill, reputation, 12 and businesses; 13 4. This Court retains jurisdiction over this matter for the purpose of 14 making any further orders necessary or proper for the construction of this 15 Judgment, the enforcement thereof and the punishment of any violations 16 thereof. 17 5. Plaintiffs are entitled to $20,650.33 in attorneys’ fees. 18 6. Defendant shall immediately destroy, or cause to be destroyed all 19 sunglasses, goggles and any other goods which bear Plaintiffs’ marks or any 20 mark confusingly similar to Plaintiffs’ marks. 7. 21 After this Default Judgment has been entered by the Court, 22 Plaintiffs shall promptly serve a copy of it on Defendant, and Plaintiffs shall file 23 with the Court a proof of service thereof within 10 days thereafter. 24 25 IT IS SO ORDERED 26 Date: November 01, 2011 By: 27 28 12103414 101611 -2- ____________________________ The Honorable Cormac J. Carney United States District Judge

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.