Opinion
Case No. 2:10-cv-04857-RSWL (SSx).
March 28, 2011
ORDER GRANTING CONSENT INJUNCTION
Date Action Filed: June 30, 2010
Trial Date: Not yet assigned
Upon the Stipulation re Consent Injunction, and good cause appearing therefor,
IT IS HEREBY ORDERED ADJUDGED AND DECREED as follows:
Defendant J K Import and Export, Inc. and its agents, servants, employees and all persons in active concert and participation with it who receive actual notice of the Stipulation and Consent Injunction are hereby permanently restrained and enjoined from infringing upon the `478 Patent, either directly or contributorily, in any manner, including generally, but not limited to manufacturing, importing, distributing, advertising, selling and/or offering for sale any unauthorized products that depict the product shape as shown in the `478 Patent, or are colorable imitation of the product shown in the `478 Patent, or embodiment of said Configuration.
In addition, Defendant J K Import and Export, Inc. is permanently restrained from engaging the following acts:
(a) Committing any other acts calculated to cause others to engage in commercial activities of manufacturing, importing, distributing, advertising, selling and/or offering for sale any unauthorized products that depict the product shape as shown in `478 Patent, or are colorable imitation of the product shown in the `478 Patent, or embodiment of said Configuration, unless Plaintiff consents; and
(b) Assisting, aiding or attempting to assist or aid any other person or entity in performing any of the prohibited activities referred to above.
Except as set forth above, Plaintiff's claims against Defendant J K Import and Export, Inc. are hereby dismissed with prejudice, with each party to bear its own attorneys' fees and costs.