Sundesa LLC v. Beachbody LLC
Filing
14
CONSENT JUDGMENT AND ORDER FOR PERMANENT INJUNCTION by Judge Cormac J. Carney in favor of Sundesa LLC against Beachbody LLC. Related to: Stipulation for Judgment, Permanent Injunction 13 . ( MD JS-6. Case Terminated ) (twdb)
<![CDATA[
1 Tyson K. Hottinger (California State Bar No. 253221)
E-mail: thottinger@mabr.com
2 Larry R. Laycock (Utah State Bar No. 4868; Pro Hac Vice Forthcoming)
E-mail: llaycock@mabr.com
3
David R. Wright (Utah State Bar No. 5164; Pro Hac Vice Forthcoming)
4
E-mail: dwright@mabr.com
5 Adam B. Beckstrom (Utah State Bar No. 14127; Pro Hac Vice Forthcoming)
E-mail: abeckstrom@mabr.com
6
JS-6
7 MASCHOFF BRENNAN
8 210 South Main St., Suite 600
Salt Lake City, Utah 84111
9 Telephone: (435) 252-1360
10 Facsimile: (435) 252-1361
&
20 Pacifica, Suite 1130
Irvine, California 92618
Telephone: (949) 202-1900
Facsimile: (949) 453-1104
11
Attorneys for Plaintiff
12 SUNDESA, LLC
13
IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
14
15
16
17
Sundesa, LLC, a Utah Limited
Liability Company,
Plaintiff,
18
19
20
21
22
23
v.
Beachbody, LLC, a Delaware Limited
Liability Company,
Defendant.
Civil Case No.: 8:13-cv-01087-CJC (RNBx)
CONSENT JUDGMENT AND
ORDER FOR PERMANENT
INJUNCTION
Assigned For All Purposes To:
Hon. Cormac J. Carney
Department 9B
Complaint Filed: July 19, 2013
Trial Date: Not Assigned
24
25
26
27
28
[PROPOSED] CONSENT JUDGMENT AND
ORDER FOR PERMANENT INJUNCTION
1
WHEREAS Plaintiff Sundesa, LLC (“Sundesa”) and Defendant Beachbody, LLC
2 (“Beachbody”) have agreed to settlement of the matter in issue between them and to entry
3 of this consent judgment and permanent injunction, it is ORDERED, ADJUDGED, AND
4 DECREED AS FOLLOWS:
5
6
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Sundesa is a Utah limited liability company having its principal place of business
7 in Pleasant Grove, Utah.
8
Beachbody, LLC is a Delaware limited liability company having its principal place
9 of business in Santa Monica, California.
10
Sundesa owns United States Design Patent No. D510,235.
11
Without any prior knowledge of Sundesa’s ’235 Design Patent, and acting in good
12 faith, Beachbody purchased Shakeology Shaker Cups from a third-party overseas
13 manufacturer and sold them to its customers.
14
Sundesa filed a complaint in United States District Court for the District of Utah,
15 Case No.: 8:13-cv-01087-CJC-RNB, against Beachbody for infringement of Sundesa’s
16 ’235 Design Patent.
17
Unbeknownst to Beachbody, Sundesa alleges that the Shakeology Shaker Cups
18 sold to Beachbody by this third-party overseas manufacturer may actually infringe at
19 least one valid claim of Sundesa’s ’235 Design Patent.
20
STIPULATION
21
To resolve the dispute by settlement and agreement, without the necessity of
22 extensive litigation and the expenses and inconveniences incident thereto, Sundesa and
23 Beachbody have agreed to enter into a settlement agreement, wherein Beachbody agrees
24 to cease making, using, selling, offering for sale, or importing into the United States any
25 Shakeology Shaker Cups in their current design. Beachbody further agrees to destroy
26 any remaining Shakeology Shaker Cups in its possession or to dispose of them outside
27 the United States on such terms as is agreed to by the parties, including, for example, by
28 way of a charitable donation.
2
[PROPOSED] CONSENT JUDGMENT AND
ORDER FOR PERMANENT INJUNCTION
1
ORDER
2
Pursuant to the terms of a confidential settlement agreement, Beachbody, its
3 agents, officers, servants, employees, and attorneys, and all persons in active concert and
4 participation with them who receive actual notice of this Order by personal service or
5 otherwise, are hereby permanently enjoined from making, using, selling, offering for sale,
6 and importing into the United States Shakeology Shaker Cups in their current design.
7
8
9 Dated: August 27, 2013
10
__________________________________
Hon. Cormac J. Carney
United States District Court Judge
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
[PROPOSED] CONSENT JUDGMENT AND
ORDER FOR PERMANENT INJUNCTION
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
