Simpler Trading, LLC et al v. Dan Hoang Tran, No. 2:2014cv06405 - Document 33 (C.D. Cal. 2015)
Court Description: STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Dale S. Fischer. Stipulation for Judgment 32 (MD JS-6, Case Terminated). See Stipulated Final Judgment For Specifics. (bp)
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Simpler Trading, LLC et al v. Dan Hoang Tran Doc. 33 1 2 3 4 JS 6 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SIMPLER TRADING, LLC dba SIMPLER OPTIONS, a Texas limited 12 liability company; JM3 PRODUCTIONS, INC. dba TRADE 13 THE MARKETS, a Texas corporation; and JOHN CARTER, 14 Plaintiffs, 15 v. 16 DAN HOANG TRAN, aka TA DA, aka 17 MARKAY LATIMER, aka CHRIS TATE, et al.; and DOES 1 through 10, 18 inclusive, 19 Case No. 2:14-cv-06405-DSF-MRW STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION Defendants. 20 21 22 23 Plaintiffs SIMPLER TRADING, LLC dba SIMPLER OPTIONS ("SO"); JM3 24 PRODUCTIONS, INC. dba TRADE THE MARKETS (“TTM”); and JOHN 25 CARTER (“CARTER”); and Defendant DAN HOANG TRAN, aka TA DA 26 ("TRAN"), having entered into a Stipulation for Entry of Final Judgment and 27 Permanent Injunction: 28 1 Dockets.Justia.com 1 IT IS ORDERED, ADJUDGED AND DECREED: 2 1. This Court has jurisdiction of the subject matter hereof and the parties 3 hereto for purposes of these proceedings and this Judgment. 4 2. Venue is proper in this Court. 5 3. The injunctive provisions of this Judgment shall apply to Defendant 6 TRAN, as well as his agents, employees, successors and assigns, and all other 7 persons acting under the direction of, in concert with, or affiliated with him. 8 4. TTM and SO are web-based businesses that provide analyses and 9 educational content regarding financial markets through their respective websites, 10 www.simplereoptions.com and www.tradethemarkets.com. Their products include 11 webinars, DVDs, written materials, and videos—many of which feature John 12 Carter— that constitute copyrighted and copyrightable products (“Plaintiffs’ 13 Works”). 14 5. Additionally, SO is also the owner and registrant of the service mark 15 “Simpler Options” (the “Mark”), which is published on the Principal Register as 16 Serial Number 85653122. 17 6. Defendant TRAN violated Plaintiffs’ rights under the common law, the 18 Copyright Act, the Lanham Act, and California Business and Professions Code 19 § 17200, et seq by making and selling unauthorized, counterfeit copies of Plaintiffs’ 20 Works and using Plaintiffs’ Mark without authorization and identifying a false 21 designation of origin and/or false description of the goods or services. 22 7. Defendant TRAN also violated Plaintiff Carter’s rights under 23 California Civil Code section 3344 by using Carter’s name, voice, photograph, and 24 likeness for advertising, selling, and/or soliciting purposes without authorization. 25 8. Defendant TRAN, as well as his agents, employees, successors and 26 assigns, and all other persons acting under the direction of, in concert with, or 27 28 1 affiliated with him, shall be and are permanently ENJOINED and RESTRAINED 2 from: 3 (a) subscribing to any TTM or SO websites or services; 4 (b) purchasing any products or services from SO or TTM; 5 (c) exploiting, marketing, featuring, displaying, or in any way using any 6 trade name, trademark, trade dress, or logo of SO or TTM, including 7 but not limited to “Simpler Options,” “Trade the Markets,” “TTM,” 8 and Fibonacci Queen.” 9 (d) in any way suggesting or representing that SO, TTM, or Carter are 10 in any way associated with or endorses Defendant Tran or any 11 commercial enterprise or activity of Tran; 12 (e) selling, marketing, offering, trading in, copying, producing, 13 reproducing or in any way exploiting or using any Plaintiffs’ Works 14 or any works derivative of any Plaintiffs’ Works; 15 (f) selling, marketing, offering, trading in, copying, producing, 16 reproducing or in any way using or exploiting Carter’s image, 17 likeness, or voice; 18 (g) assisting, aiding, or abetting any other person or business entity in 19 engaging in or performing any of the foregoing activities. 20 21 Defendant Tran shall take all actions necessary to effectuate the foregoing. 22 9. SO is granted a monetary award in the total amount of $60,000, 23 consisting of: 24 (a) Actual damages of $20,000; 25 (b) Exemplary damages of $10,000; and 26 (c) Attorneys’ fees, costs and expenses in the amount of $30,000. 27 28 1 10. Nonexclusive jurisdiction is retained by the Court for the purpose of 2 enabling any party to the Judgment to apply to the Court at any time for such further 3 orders and directions as may be necessary or appropriate for the construction or the 4 carrying out of this Judgment, for the modification of the injunctive provisions 5 hereof, for enforcement of compliance herewith, and for the punishment of 6 violations hereof, if any. 7 8 9 IT IS SO ORDERED. DATED: 11/30/15 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Hon. Dale S. Fischer UNITED STATES DISTRICT JUDGE
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