Opinion
Case No. CV11 04040 AHM (RZx)
09-28-2011
INVESTOR'S BUSINESS DAILY, INC., a California corporation, Plaintiff, v. KIM LEE TONG a/k/a KIM T. TONG a/k/a KIM T. LEE, an individual, and DAN HOANG TRAN a/k/a DAN TRAN an individual, collectively d/b/a Stock Market DVDs, WallStreet Zone, www.WallStreet-DVDs.com, www.WallStret-DVDs.com, www.wallstreet-zone.com, www.stockmarket-dvds.com, www.lynh.com, http://store.updownsideway.com; GG PRINTING, INC., a California Corporation d/b/a GOLDEN GRAPHIX & PRINTING, and DOES 2-10, inclusive, Defendants. Defendants.
Christopher S. Ruhland (State Bar No. 175054) Andrew S. Wong (State Bar No. 198227) DECHERT LLP Sarah Wager (State Bar No.: 209277) DECHERT LLP Attorneys for Plaintiff INVESTOR'S BUSINESS DAILY, INC.
Christopher S. Ruhland (State Bar No. 175054)
Andrew S. Wong (State Bar No. 198227)
DECHERT LLP
Sarah Wager (State Bar No.: 209277)
DECHERT LLP
Attorneys for Plaintiff
INVESTOR'S BUSINESS DAILY, INC.
PERMANENT INJUNCTION
The Court has reviewed the joint Stipulation to Permanent Injunction submitted by the parties to this action. Based on the Stipulation, and good cause appearing, IT IS ORDERED, ADjUDGED AND DECREED THAT:
Defendants KIM LEE TONG a/k/a KIM T. TONG a/k/a KIM T. LEE, DAN HOANG TRAN, d/b/a Stock Market DVDs, WallStreet Zone, www.WallStreet-DVDs.com, www.WallStret-DVDs.com, www.wallstreet-zone.com, www.stockmarket-dvds.com, www.lynh.com, http://store.updownsideway.com(collectively "Defendants"), and their officers, agents, servants, employees, attorneys, and those in active concert or participation with them are permanently enjoined from:
1. imitating, copying, counterfeiting, or making unauthorized use of Investor's Business Daily's ("IBD") Copyrights and Trademarks;
2. manufacturing, producing, distributing, selling, offering for sale, moving, or otherwise disposing of, any product bearing any simulation, reproduction, counterfeit, copy or colorable imitation of IBD's Copyrights and Trademarks;
3. using any simulation, reproduction, counterfeit, copy, or colorable imitation of IBD's Copyrights and Trademarks;
4. using any false designation of origin or false description that can, or is likely to, lead the public or individual members thereof to believe that any product manufactured, distributed, or sold by Defendants is in any manner associated with or connected with IBD, or is sold, manufactured, licensed, sponsored, or approved or authorized by IBD;
5. engaging in any other activity constituting an infringement of IBD's copyright or trademark rights or otherwise unfairly competing with IBD;
6. destroying, modifying, disposing of, concealing, or moving the following:
a. products incorporating IBD's Copyrights or Trademarks;
b. any other products which picture, reproduce, copy or use the likeness of or bear a substantial similarity to any of IBD's Copyrights or Trademarks;
c. any labels, packages, wrappers, containers or any other unauthorized promotion or advertising material item which reproduces, copies, counterfeits, imitates or bears any of IBD's Copyrights or Trademarks;
d. any devices or elements used for making or manufacturing products incorporating IBD's Copyrights or Trademarks; and
e. any sales and supply of customer journals, ledgers, invoices, purchase orders, inventory control documents, bank records, catalogs and all other business records, believed to concern the manufacture, purchase, advertising, sale or offering for sale of products that incorporate IBD's Copyrights or Trademarks
The Court shall retain jurisdiction after the termination of this action to enforce this permanent injunction.
IBD shall be entitled to full recovery of the security for injunctive relief it posted on May 18, 2011.
IT IS SO ORDERED.
HONORABLE A. HOWARD MATZ
UNITED STATES DISTRICT JUDGE
Presented by:
Christopher S. Ruhland
Andrew S. Wong
DECHERT LLP
US Bank Tower
633 West 5th Street, 28th Floor
Los Angeles, CA 90071-2005
Sarah Wager
DECHERT LLP
2440 W. El Camino Real, Suite 700
Mountain View, CA 94040-1499
Sarah Wager
Attorneys for Plaintiff
INVESTOR'S BUSINESS DAILY, INC.