Aevoe Corp v. Tae Kim et al, No. 2:2012cv02965 - Document 14 (C.D. Cal. 2012)

Court Description: JUDGMENT by Judge John A Kronstadt, in favor of Aevoe Corp against Tae Kim Related to: Order on Motion for Default Judgment, Motion Hearing,, 12 . Plaintiff AEVEO CORP., is hereby awarded final judgment on its claims for relief against Defendant TAE KIM, in the sum of $15,000.00. Plaintiff is awarded attorneys fees in the amount of $1,500.00 and costs of $487.33. Defendant and any person or entity acting in concert with, or at thedirection of him, including any and all agents, s ervants, employees, partners,assignees, distributors, suppliers, resellers and any others over which he mayexercise control, are hereby restrained and enjoined, pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly, or authorizin g or assisting any third party to engage in, any of the following activities in the United States and throughout the world. copying, manufacturing, importing, exporting, marketing, sale, offering for sale, distributing or dealing in any product or se rvice that uses, or otherwise making any use of, any of Plaintiffs MOSHI trademarks, and/or any intellectual property that is confusingly or substantially similar to, or that constitutes a colorable imitation of, any of Plaintiffs MOSHI trademarks, w hether such use is as, on, in or in connection with any trademark, service mark, trade name, logo, design, Internet use, website, domain name, metatags, advertising, promotions, solicitations, commercial exploitation, television, webbased or any other program, or any product or service, or otherwise. (See order for further details0. (MD JS-6, Case Terminated). (shb)

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Aevoe Corp v. Tae Kim et al Doc. 14 1 2 3 4 5 6 7 8 JS-6 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 16 Case No.: CV12-02965 JAK (FFMx) AEVOE CORP., a California Corporation d/b/a MOSHI, JUDGMENT 17 Plaintiff, 18 v. 19 20 TAE KIM, an Individual, and DOES 110, Inclusive, 21 22 Defendants. 23 24 25 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 26 Plaintiff AEVEO CORP., is hereby awarded final judgment on its claims 27 for relief against Defendant TAE KIM, in the sum of $15,000.00 under 15 U.S.C. 28 §1117(c)(2), as the prevailing party in this action, pursuant to Rule 55(b) of the -1[PROPOSED] JUDGMENT Dockets.Justia.com 1 Federal Rules of Civil Procedure and under Local Rule 55-1. Under Local Rule 2 55-3 and §1117(a), Plaintiff is awarded attorneys’ fees in the amount of $1,500.00 3 and costs of $487.33. Furthermore and pursuant to 15 U.S.C. §1116(a), Defendant 4 is permanently enjoined and restrained from the following activities and conduct 5 and ordered as follows: 6 a) Defendant and any person or entity acting in concert with, or at the 7 direction of him, including any and all agents, servants, employees, partners, 8 assignees, distributors, suppliers, resellers and any others over which he may 9 exercise control, are hereby restrained and enjoined, pursuant to 15 U.S.C. §1116, 10 from engaging in, directly or indirectly, or authorizing or assisting any third party 11 to engage in, any of the following activities in the United States and throughout 12 the world: 13 i) copying, manufacturing, importing, exporting, marketing, sale, 14 offering for sale, distributing or dealing in any product or service that uses, or 15 otherwise making any use of, any of Plaintiff’s MOSHI® trademarks, and/or any 16 intellectual property that is confusingly or substantially similar to, or that 17 constitutes a colorable imitation of, any of Plaintiff’s MOSHI® trademarks, 18 whether such use is as, on, in or in connection with any trademark, service mark, 19 trade name, logo, design, Internet use, website, domain name, metatags, 20 advertising, promotions, solicitations, commercial exploitation, television, web- 21 based or any other program, or any product or service, or otherwise; 22 ii) performing or allowing others employed by or representing 23 him, or under his control, to perform any act or thing which is likely to injure 24 Plaintiff, any of Plaintiff’s MOSHI® trademarks, and/or Plaintiff’s business 25 reputation or goodwill; 26 iii) engaging in any acts of federal and/or state trademark and/or 27 copyright infringement, false designation of origin, unfair competition, dilution, or 28 other act which would tend damage or injure Plaintiff; and/or -2[PROPOSED] JUDGMENT iv) 1 2 3 using any Internet domain name or website that includes any of Plaintiff’s Trademarks, including the MOSHI® marks. b) Defendant is ordered to deliver immediately for destruction all 4 unauthorized products, including counterfeit MOSHI® products and related 5 products, labels, signs, prints, packages, wrappers, receptacles and advertisements 6 relating thereto in his possession or under his control bearing any of Plaintiff’s 7 intellectual property or any simulation, reproduction, counterfeit, copy or 8 colorable imitations thereof, and all plates, molds, heat transfers, screens, matrices 9 and other means of making the same, to the extent that any of these items are in 10 11 12 Defendant’s possession. IT IS SO ORDERED, ADJUDICATED and DECREED this 2nd day of October, 2012. 13 14 15 16 17 _______________________________ HON. JOHN A. KRONSTADT United States District Judge 18 19 20 21 22 23 24 25 26 27 28 -3[PROPOSED] JUDGMENT

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