Cricket Wireless, LLC et al v. Mr. Wireless Wholesale Inc. et al, No. 2:2018cv08410 - Document 32 (C.D. Cal. 2019)
Court Description: REDACTED FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS MR. WIRELESS WHOLESALE INC.; WIRELESS ELECTRONICS USA INC.; JESSE BACHSIHAN; AND SUSAN ANGELES by Judge Dolly M. Gee: Upon Stipulation 31 , it is hereby ORDERED, ADJUDGED, and DECRE ED that final judgment of liability is hereby entered against Defendants Mr. Wireless Wholesale, Inc., Wireless Electronics USA Inc. d/b/a Mr. Wireless, Jesse Bachsihan, and Susan Angeles on all of the claims set forth in AT&T's Complaint. Defen dants and each of their respective partners, agents, representatives, employees, servants, heirs, personal representatives, beneficiaries, relatives, contractors, companies, corporations, past and present respective officers, directors, successors, a ssigns, parents, subsidiaries, affiliates, related companies, predecessors-in-interest, and all other persons acting on behalf of or for the benefit of Defendants or who are in active concert or participation with Defendants shall be and hereby are permanently enjoined re AT&T phones, software, trademarks, products, etc. All scheduled dates and deadlines are VACATED. See document for further details. (MD JS-6. Case Terminated). (gk)
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Cricket Wireless, LLC et al v. Mr. Wireless Wholesale Inc. et al Doc. 32 1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 CRICKET WIRELESS LLC, AT&T MOBILITY, LLC, and AT&T Intellectual Property II, L.P., Plaintiffs, v. Case No.: CV 18-8410-DMG (AGRx) FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS MR. WIRELESS WHOLESALE INC.; WIRELESS ELECTRONICS USA INC.; JESSE BACHSIHAN; AND SUSAN ANGELES [29] MR. WIRELESS WHOLESALE INC.; [REDACTED] WIRELESS ELECTRONICS USA INC.; JESSE BACHSIHAN; SUSAN ANGELES; AND JOHN DOES 1-20, Defendants. 21 22 This matter came before the Court on the stipulation of Plaintiffs Cricket Wireless 23 LLC, AT&T Mobility LLC, and AT&T Intellectual Property II, L.P. (collectively 24 “Plaintiffs” or “AT&T”) and Mr. Wireless Wholesale, Inc., (“Mr. Wireless Wholesale”), 25 Wireless Electronics USA Inc., d/b/a Mr. Wireless (“Mr. Wireless”), Jesse Bachsihan, 26 and Susan Angeles (collectively, “Defendants”) for entry of a final judgment and 27 permanent injunction against Defendants. It is hereby ORDERED, ADJUDGED, and 28 DECREED that: -1Dockets.Justia.com 1 2 3 4 5 1. This Court has jurisdiction over all parties and all of the claims set forth in AT&T’s Complaint. 2. Based on the parties’ stipulation, final judgment of liability is hereby entered against Defendants on all of the claims set forth in AT&T’s Complaint. 3. Defendants and each of their respective partners, agents, representatives, 6 employees, servants, heirs, personal representatives, beneficiaries, relatives, contractors, 7 companies, corporations, past and present respective officers, directors, successors, 8 assigns, parents, subsidiaries, affiliates, related companies, predecessors-in-interest, and 9 all other persons acting on behalf of or for the benefit of Defendants or who are in active 10 concert or participation with Defendants, including but not limited to any corporation, 11 partnership, association, proprietorship or entity of any type that is in any way affiliated 12 or associated with Defendants or Defendants’ representatives, agents, assigns, 13 employees, servants, affiliated entities, and any and all persons and entities in active 14 concert and participation with Defendants who receive notice of this Order, shall be and 15 hereby are PERMANENTLY ENJOINED from: 16 a. Purchasing, selling, reselling, transferring, trafficking, altering, 17 unlocking, advertising, soliciting, and/or shipping, directly or indirectly, 18 any new, prepaid mobile phones or devices sold under the AT&T 19 PREPAID™ (f/k/a AT&T GoPhone) or Cricket brands (“AT&T 20 Phones”); 21 b. Unlocking or otherwise modifying any AT&T Phones; 22 c. Possessing or trafficking in unlock codes or other instrumentalities that 23 avoid, bypass, remove, disable, deactivate, or otherwise impair the 24 technological measures within AT&T Phones that effectively control 25 access to AT&T’s proprietary software preinstalled on every AT&T 26 Phone (“AT&T Software”); 27 28 -2- 1 d. Accessing, altering, erasing, copying, tampering with, deleting or 2 otherwise disabling AT&T Software without AT&T’s prior written 3 authorization; 4 e. Facilitating or in any way assisting other persons or entities who 5 Defendants know or should know are engaged in any of the acts 6 prohibited under this Permanent Injunction including, without limitation, 7 unlocking, buying, selling, and/or unlocking and alteration of new 8 Prepaid AT&T Phones without AT&T’s prior written authorization; 9 f. Using any of AT&T’s Trademarks, including, but not limited to AT&T 10 PREPAID, CRICKET, CRICKET and Design, GO PHONE, 11 GOPHONE, AT&T, AT&T and Design, and the AT&T and Cricket 12 logos, and/or any reproduction, counterfeit, copy, or colorable imitation 13 of AT&T’s Trademarks in connection with any of the acts prohibited in 14 this Permanent Injunction, or in any manner likely to cause others to 15 believe that the infringing products or services are connected with 16 AT&T and AT&T’s genuine products or services bearing AT&T’s 17 Trademarks; 18 g. Passing off, inducing or enabling others to sell or pass of any AT&T 19 Phones or other items that are not AT&T’s genuine merchandise as and 20 for AT&T’s genuine merchandise; 21 h. Committing any other acts calculated to cause purchasers to believe that 22 Defendants’ products and services are AT&T’s genuine products and 23 services unless they are such; 24 i. Shipping, delivering, holding for sale, distributing, returning, 25 transferring or otherwise moving, storing or disposing of in any manner 26 items falsely bearing AT&T’s Trademarks, or any reproduction, 27 counterfeit, copy or colorable imitation of same; 28 -3- 1 j. Moving, destroying, or otherwise disposing of any products, labels, or 2 other items, merchandise or documents falsely bearing AT&T’s 3 Trademarks, or any reproduction, counterfeit, copy or colorable 4 imitation of same; 5 k. Removing, destroying or otherwise disposing of any computer tapes or 6 disks, business records or documents relating in any way to distribution 7 or sale of AT&T Phones. 4. 8 The Court shall retain jurisdiction of this matter to address or enforce any 9 violation of the terms of this Permanent Injunction or the confidential settlement 10 agreement between the parties. A violation of the terms of this Permanent Injunction 11 shall constitute contempt of court. 5. 12 If one or more Defendants violate the terms of this Permanent Injunction, 13 AT&T shall be entitled to file an Affidavit or Declaration of Violation requesting that 14 the Court order Defendant(s) to pay liquidated damages, jointly and severally from 15 Defendants, in the amount of $5,000 for each AT&T Phone, and/or for each unlock code 16 for an AT&T Phone sold or trafficked in violation of this Permanent Injunction. AT&T 17 shall provide at least five (5) business days’ notice to Defendant(s) after filing an 18 Affidavit or Declaration of Violation. The Court finds that any amounts awarded under 19 this paragraph are compensatory and reasonable estimations of the minimum damages 20 suffered by AT&T for such a breach and will serve to compensate AT&T for its losses 21 in the event one or more Defendants violate the terms of this Permanent Injunction. 6. 22 The prevailing party in any proceeding to enforce compliance with the 23 terms of this Permanent Injunction shall be entitled to an award of its attorneys’ fees and 24 costs. 25 26 27 28 7. The last known address of Defendant Mr. Wireless Wholesale, Inc. is 13351 Riverside Drive Unit 655, Sherman Oaks, California 91423. 8. The last known address of Defendant Wireless Electronics USA Inc. is 13547 Ventura Blvd. Unit 335, Sherman Oaks, California 91423. -4- 1 9. 2 Studio City, California 3 10. 6 7 The last known address of Defendant Susan Angeles is Canoga Park, California 4 5 The last known address of Defendant Jesse Bachsihan is 11. AT&T and Mr. Wireless have advised the Court that they have reached a confidential agreement as to the remaining terms of their settlement. 12. The Court finds that there is no just reason for delay of the entry of 8 judgment against Defendants, and therefore directs the Clerk to enter Judgment as set 9 forth herein. 10 13. All scheduled dates and deadlines are VACATED. 11 12 13 14 15 DATED: June 19, 2019 ________________________________ DOLLY M. GEE UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-
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