Speculative Product Design LLC v. Yifang Tsai et al, No. 2:2011cv06871 - Document 40 (C.D. Cal. 2012)
Court Description: FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANTS TSAI AND SHAW by Judge Margaret M. Morrow. (ah)
Download PDF
<![CDATA[
Speculative Product Design LLC v. Yifang Tsai et al Doc. 40 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 16 SPECULATIVE PRODUCT DESIGN, LLC, a California Limited Liability Company d/b/a SPECK PRODUCTS, Plaintiff, 17 18 v. Case No.: CV11-06871 MMM (JCGx) [PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANTS YIFANG TSAI AND MAX SHAW 19 20 21 22 23 YIFANG TSAI, an Individual d/b/a TwinMore; MAX SHAW, an Individual d/b/a ONSALEGOODS; and Does 1-10, Inclusive, Defendants. 24 25 26 27 28 The Court, pursuant to the Stipulation For Entry of Final Judgment, including Permanent Injunction (“Stipulation”), between Plaintiff SPECULATIVE PRODUCT DESIGN, LLC (“Plaintiff”) on the one hand, and Defendants -1[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION Dockets.Justia.com 1 YIFANG TSAI and MAX SHAW (“Defendants”), on the other, hereby ORDERS, 2 ADJUDICATES and DECREES that final judgment, including permanent 3 injunction, shall be and hereby is entered on the First Amended Complaint in the 4 above-referenced matter as follows: 5 1. PERMANENT INJUNCTION. Defendants and any person or entity 6 acting in concert with, or at the direction of them, including any and all agents, 7 servants, employees, partners, assignees, distributors, suppliers, resellers and any 8 others over which they may exercise control, are hereby restrained and enjoined, 9 pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, or 10 authorizing or assisting any third party to engage in, any of the following activities 11 in the United States and throughout the world: 12 a. importing, exporting, marketing, selling, offering for sale, 13 distributing or dealing in any product or service that uses, or otherwise making any 14 use of, any of Plaintiff’s SPECK® and CANDYSHELL® trademarks and 15 copyrights, and/or any intellectual property that is confusingly or substantially 16 similar to, or that constitutes a colorable imitation of, any of Plaintiff’s SPECK® 17 and CANDYSHELL® trademarks and copyrights, whether such use is as, on, in 18 or in connection with any trademark, service mark, trade name, logo, design, 19 Internet use, website, domain name, metatags, advertising, promotions, 20 solicitations, commercial exploitation, television, web-based or any other program, 21 or any product or service, or otherwise; 22 b. performing or allowing others employed by or representing 23 them, or under their control, to perform any act or thing which is likely to injure 24 Plaintiff, any of Plaintiff’s SPECK® and CANDYSHELL® trademarks and 25 copyrights, and/or Plaintiff’s business reputation or goodwill; 26 c. engaging in any acts of federal and/or state trademark 27 infringement, false designation of origin/unfair competition/false or misleading 28 advertising, dilution, unfair business practices, unjust enrichment, federal -2[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION 1 copyright infringement, common law copyright infringement, or other act which 2 would tend damage or injure Plaintiff; and/or d. 3 using any Internet domain name or website, including but not 4 limited to Amazon.com, that includes any of Plaintiff’s trademarks and copyrights, 5 including the SPECK® and CANDYSHELL® marks and works. 2. 6 Defendants are ordered to deliver immediately to counsel for Plaintiff 7 for destruction all unauthorized products, including counterfeit SPECK® and 8 CANDYSHELL® products and related products, labels, packages, wrappers and 9 advertisements relating thereto in their possession or under their control bearing 10 any of Plaintiff’s intellectual property or any simulation, reproduction, counterfeit, 11 copy or colorable imitations thereof. 3. 12 13 This Final Judgment shall be deemed to have been served upon Defendants at the time of its execution and entry by the Court. 14 4. The Court finds there is no just reason for delay in entering this 15 Permanent Injunction, and, pursuant to Rule 54(a) of the Federal Rules of Civil 16 Procedure, the Court directs immediate entry of this Permanent Injunction against 17 Defendants. 18 5. Plaintiff is entitled to recover from Defendants the sum of One 19 Hundred Forty-Four Thousand Three Hundred Forty-Seven Dollars Fifty-Eight 20 Cents ($144,347.58) on Plaintiff’s First Amended Complaint for Damages and 21 Declaratory Relief against Defendants subject to the terms of a separate 22 Confidential Settlement Agreement by and between Plaintiff and Defendants. 23 6. NO APPEALS AND CONTINUING JURISDICTION. No 24 appeals shall be taken from this Final Judgment, including Permanent Injunction, 25 and the parties waive all rights to appeal. This Court expressly retains jurisdiction 26 over this matter to enforce any violation of the terms of this Final Judgment, 27 including Permanent Injunction, and the Permanent Injunction herein. 28 /// -3[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION 1 2 3 4 7. NO FEES AND COSTS. Each party shall bear its/her/his own attorneys’ fees and costs incurred in this matter. IT IS SO ORDERED, ADJUDICATED and DECREED this 2nd day of November, 2012. 5 6 7 8 9 _______________________________ HON. MARGARET M. MORROW United States District Judge Central District of California 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
]]>
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.
