Mophie Inc v. Dharmesh Shah et al, No. 8:2013cv01321 - Document 503 (C.D. Cal. 2015)

Court Description: AMENDED FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Dolly M. Gee: The Court now enters JUDGMENT as follows: Plaintiff mophie, Inc. ("mophie") shall have and recover the following damages against Defendants Dharmesh Shah and Serve Globa l LLC ("Defendants"): $1,800,000 in actual damages and profits for copyright infringement and $2,700,000 in statutory damages for willful counterfeiting of mophie's registered trademarks for a total award of $4,500,000. Defendants are enjoined re copyrights, trademarks JUICEPACK, JUICE PACK PLUS, JUICE PACK PRO, etc. See document for details. (gk)

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Mophie Inc v. Dharmesh Shah et al Doc. 503 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 MOPHIE, INC., a California corporation, Plaintiff, 13 14 v. 18 DHARMESH SHAH A.K.A. DAVID SHAH D/B/A SOURCE VISTA, an individual; LIVINGSOCIAL, INC., a Delaware corporation; and SERVE GLOBAL, LLC, a Texas limited liability company D/B/A SOURCEVISTA.COM, 19 Defendants. 15 16 17 20 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: SACV 13-01321 DMG (JEMx) AMENDED FINAL JUDGMENT AND PERMANENT INJUNCTION 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 This matter came before the Court for a jury trial from December 16-19, 2 2014. The jury returned a verdict on December 19, 2014. The Court now enters 3 JUDGMENT as follows: 4 1. Plaintiff mophie, Inc. (“mophie”) shall have and recover the 5 following damages against Defendants Dharmesh Shah and Serve Global LLC 6 (“Defendants”): 7 infringement and $2,700,000 in statutory damages for willful counterfeiting 8 of mophie’s registered trademarks for a total award of $4,500,000. 9 10 2. $1,800,000 in actual damages and profits for copyright DEFENDANTS ARE HEREBY ENJOINED AS FOLLOWS: a. Defendants shall not reproduce, distribute copies of, or make 11 derivative works from the product packaging depicted in U.S. Copyright 12 Registration No. VA 1-814-020 or U.S. Copyright Registration No. VA 13 1-780-916, attached hereto as Exhibits 1 and 2, respectively. 14 b. Defendants shall not reproduce, distribute copies of, or make 15 derivative works from the user’s manuals depicted in U.S. Copyright 16 Registration No. VA 1-814-020 or U.S. Copyright Registration No. VA 17 1-780-916, attached hereto as Exhibits 1 and 2, respectively. 18 c. Defendants shall not use in commerce the trademarks JUICE 19 PACK®, JUICE PACK PLUS®, JUICE PACK PRO®, or any confusingly 20 similar trademark. 21 22 d. Defendants shall not use in commerce the trade dress depicted below, or any confusingly similar trade dress. 23 24 25 26 27 28 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e. Pursuant to 17 U.S.C. § 503 and 15 U.S.C. § 1118, 23 Defendants shall deliver to mophie their entire inventory of product 24 packaging and user’s manuals found to infringe mophie’s copyrights, 25 trademarks and trade dress. This delivery shall be completed no later 26 than fourteen (14) calendar days after the date of entry of this Judgment. 27 28 f. Pursuant to Rule 65(d)(2) of the Federal Rules of Civil Procedure, this injunction shall bind not only Defendants, but also -2- 1 Defendants’ officers, agents, servants, employees, and attorneys, and all 2 other persons who are in active concert or participation with any of the 3 aforementioned persons. 4 IT IS SO ORDERED AND ADJUDGED. 5 6 7 8 DATED: December 11, 2015 DOLLY M. GEE UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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