-JEM Mophie Inc v. Chad Nordby et al, No. 2:2011cv07331 - Document 16 (C.D. Cal. 2011)

Court Description: FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT WIBU VENTURES, INC by Judge Dale S. Fischer: ORDERS, ADJUDICATES and DECREES that Defendant WIBU and any person or entity acting in concert with, or at the direction of it, including a ny and all agents, servants, employees, partners, assignees, distributors, suppliers, resellers and any others over which it may exercise control, are hereby restrained and enjoined. Plaintiff is entitled to recover and Defendant WIBU shall by this J udgment be bound to pay to Plaintiff the sum of $100,000.00 on Plaintiff's Complaint for Damages and Declaratory Relief against Defendant WIBU. No appeals shall be taken from this Final Judgment, Including Permanent Injunction, and the parties waive all rights to appeal. Each party shall bear its own attorneys fees and costs incurred in this matter. Related to: Stipulation for Judgment 15 . (MD JS-6, Case Terminated). (jp)

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-JEM Mophie Inc v. Chad Nordby et al Doc. 16 1 2 3 4 5 6 7 JS 6 8 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 16 MOPHIE, INC., formerly known as mSTATION Corporation, a California Corporation, Plaintiff, 17 18 vs. Case No.: CV11-07331 DSF (JEMx) FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT WIBU VENTURES, INC. 19 20 21 CHAD NORDBY, an Individual, WIBU VENTURES, INC., a Minnesota Corporation, and Does 1-10, Inclusive, 22 Defendants. 23 24 /// 25 /// 26 /// 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 MOPHIE, INC. 3 (“Plaintiff”) on the one hand, and Defendants WIBU VENTURES, INC. (“WIBU”) 4 and CHAD NORDBY (“NORDBY”) (collectively “Defendants”), on the other, 5 hereby ORDERS, ADJUDICATES and DECREES that final judgment, including 6 permanent injunction, shall be and hereby is entered on the Complaint in the 7 above-referenced matter as follows: 8 1. PERMANENT INJUNCTION. Defendant WIBU and any person or 9 entity acting in concert with, or at the direction of it, including any and all agents, 10 servants, employees, partners, assignees, distributors, suppliers, resellers and any 11 others over which it may exercise control, are hereby restrained and enjoined, 12 pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, or 13 authorizing or assisting any third party to engage in, any of the following activities 14 in the United States and throughout the world: 15 a. copying, manufacturing, importing, exporting, marketing, 16 selling, offering for sale, distributing or dealing in any product or service that uses, 17 or otherwise making any use of, any Plaintiff’s MOPHIE® and M® character, 18 design, or word trademarks, and/or any intellectual property that is confusingly or 19 substantially similar to, or that constitutes a colorable imitation of, any of 20 Plaintiff’s MOPHIE® and M® character, design, or word trademarks, whether 21 such use is as, on, in or in connection with any trademark, service mark, trade 22 name, logo, design, Internet use, website, domain name, metatags, advertising, 23 promotions, solicitations, commercial exploitation, television, web-based or any 24 other program, or any product or service, or otherwise; 25 b. performing or directing others employed by or representing it, 26 or under its control, to perform any act or thing which is found to be likely to 27 injure any of Plaintiff’s MOPHIE® and M® character, design, or word trademarks, 28 and/or Plaintiff’s business reputation or goodwill or otherwise engaging in any acts -2[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION 1 of federal and/or state trademark infringement, false designation of origin, unfair 2 competition, dilution, or other act which would tend damage or injure Plaintiff’s 3 MOPHIE® and M® character, design, or word trademarks; and/or c. 4 registering, creating and/or operating any Internet domain name 5 or website that includes any Plaintiff’s trademarks, including the MOPHIE® and 6 M® character, design, or word trademarks. 7 2. Defendant WIBU is ordered to deliver immediately for destruction all 8 unauthorized products, including counterfeit MOPHIE® and M®-branded 9 products and related products, labels, signs, prints, packages, wrappers, receptacles 10 and advertisements relating thereto in its possession or under its control bearing 11 any of Plaintiff’s intellectual property or any simulation, reproduction, counterfeit, 12 copy or colorable imitations thereof, and all plates, molds, heat transfers, screens, 13 matrices and other means of making the same, to the extent that any of these items 14 are in Defendant WIBU’s possession. 15 16 17 3. This Final Judgment shall be deemed to have been served upon Defendant WIBU at the time of its execution by the Court. 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 WIBU. 21 5. Plaintiff is entitled to recover and Defendant WIBU shall by this 22 Judgment be bound to pay to Plaintiff the sum of One Hundred Thousand Dollars 23 ($100,000.00) on Plaintiff’s Complaint for Damages and Declaratory Relief 24 against Defendant WIBU. 25 6. NO APPEALS AND CONTINUING JURISDICTION. No 26 appeals shall be taken from this Final Judgment, Including Permanent Injunction, 27 and the parties waive all rights to appeal. This Court expressly retains jurisdiction 28 -3[PROPOSED] FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION 1 over this matter to enforce any violation of the terms of this Final Judgment, 2 Including Permanent Injunction, and the Permanent Injunction herein. 3 4 7. NO FEES AND COSTS. Each party shall bear its own attorneys’ fees and costs incurred in this matter. 5 6 7 IT IS SO ORDERED, ADJUDICATED and DECREED this 20th day of December, 2011. 8 9 10 11 12 _______________________________ HON. DALE S. FISCHER United States District Judge Central District of California 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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