-E Zumba Fitness LLC v. Magea Tui Masaniai et al, No. 8:2011cv00459 - Document 10 (C.D. Cal. 2011)

Court Description: FINAL JUDGMENT including permanent injunction, against Defendant Magea Tui Masaniai by Judge Cormac J. Carney, in favor of Zumba Fitness LLC against Magea Tui Masaniai; Each party shall bear its own attorneys' fees and costs incurred in this matter. Related to: Stipulation for Judgment 9 (MD JS-6, Case Terminated). (twdb)

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-E Zumba Fitness LLC v. Magea Tui Masaniai et al 1 2 3 4 5 6 7 Doc. 10 JOHNSON & PHAM, LLP Christopher Q. Pham, SBN: 206697 E-mail: cpham@johnsonpham.com Marcus F. Chaney, SBN: 245227 E-mail: mchaney@johnsonpham.com Ani Sakalian, SBN: 274846 E-mail: asakalian@johnsonpham.com 6355 Topanga Canyon Boulevard, Suite 115 Woodland Hills, California 91367 Telephone: (818) 888-7540 Facsimile: (818) 888-7544 JS-6 8 9 Attorneys for Plaintiff ZUMBA FITNESS, LLC 10 11 12 13 14 15 Magea Tui Masaniai E-mail: mageamasaniai@aol.com 46 Greenfield Irvine, California 92614 Telephone: (949) 413-8616 Pro Se Defendant 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 19 20 ZUMBA FITNESS, LLC, a Florida Limited Liability Company, 21 Plaintiff, 22 23 24 25 26 vs. Case No.: SACV11-00459 CJC (Ex) FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT MAGEA TUI MASANIAI MAGEA TUI MASANIAI, an Individual, and Does 1-10, Inclusive, Defendants. 27 28 -1[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION Dockets.Justia.com 1 The Court, pursuant to the Stipulation For Entry of Final Judgment, 2 Including Permanent Injunction (“Stipulation”), between Plaintiff ZUMBA 3 FITNESS, LLC (“Plaintiff”), on the one hand, and Defendant MAGEA TUI 4 MASANIAI (“Defendant”), on the other hand, hereby ORDERS, ADJUDICATES 5 and DECREES that final judgment, including permanent injunction, shall be and 6 hereby is entered on the Complaint in the above-referenced matter as follows: 1. 7 PERMANENT INJUNCTION. Defendant and any person or entity 8 acting in concert with, or at the direction of him, including any and all agents, 9 servants, employees, partners, assignees, distributors, suppliers, resellers and any 10 others over which he may exercise control, are hereby restrained and enjoined, 11 pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, or 12 authorizing or assisting any third party to engage in, any of the following activities 13 in the United States and throughout the world: 14 a. copying, manufacturing, importing, exporting, marketing, 15 selling, offering for sale, distributing or dealing in any product or service that uses, 16 or otherwise making any use of, any Plaintiff’s Zumba Fitness® copyrights, 17 trademarks, and/or any intellectual property that is confusingly or substantially 18 similar to, or that constitutes a colorable imitation of, any of Plaintiff’s Zumba 19 Fitness® copyrights and trademarks, whether such use is as, on, in or in connection 20 with any copyright, trademark, service mark, trade name, logo, design, Internet 21 use, website, domain name, metatags, advertising, promotions, solicitations, 22 commercial exploitation, television, web-based or any other program, or any 23 product or service, or otherwise; 24 b. performing or allowing others employed by or representing him, 25 or under his control, to perform any act or thing which is likely to injure Plaintiff, 26 any Plaintiff’s Zumba Fitness® copyrights and trademarks, and/or Plaintiff’s 27 business reputation or goodwill; 28 /// -2[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION c. 1 engaging in any acts of federal and/or state copyright 2 infringement, trademark infringement, false designation of origin, unfair 3 competition, dilution, or other act which would tend damage or injure Plaintiff; 4 and/or d. 5 6 using any Internet domain name or website that includes any Plaintiff’s trademarks, including the Zumba Fitness® marks. 2. 7 Defendant is ordered to deliver immediately for destruction all 8 unauthorized products, including counterfeit Zumba Fitness® products and related 9 products, labels, signs, prints, packages, wrappers, receptacles and advertisements 10 relating thereto in his possession or under his control bearing any of Plaintiff’s 11 intellectual property or any simulation, reproduction, counterfeit, copy or colorable 12 imitations thereof, and all plates, molds, heat transfers, screens, matrices and other 13 means of making the same, to the extent that any of these items are in Defendant’s 14 possession. 15 16 3. This Final Judgment shall be deemed to have been served upon Defendant at the time of its execution by the Court. 17 4. The Court finds there is no just reason for delay in entering this 18 Permanent Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil 19 Procedure, the Court directs immediate entry of this Permanent Injunction against 20 Defendant. 21 5. NO APPEALS AND CONTINUING JURISDICTION. No 22 appeals shall be taken from this Final Judgment, Including Permanent Injunction, 23 and the parties waive all rights to appeal. This Court expressly retains jurisdiction 24 over this matter to enforce any violation of the terms of this Final Judgment, 25 Including Permanent Injunction, and the Permanent Injunction herein. 26 /// 27 /// 28 -3[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION 1 2 3 4 6. NO FEES AND COSTS. Each party shall bear its own attorneys’ fees and costs incurred in this matter. IT IS SO ORDERED, ADJUDICATED and DECREED this 19th day of May, 2011. 5 6 7 8 _______________________________ HON. CORMAC J. CARNEY United States District Judge for the Central District of California 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION

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