Opinion
2:22-cv-00198-PSG (RAOx)
04-17-2024
LALTITUDE LLC, a California limited liability company, Plaintiff, v. SOYEEGLOBAL, a Chinese business entity of form unknown; and DOES 1-10 inclusive, Defendants.
OMID E. KHALIFEH, SBN 267340 ARIANA SANTORO, SBN 300767 2 LOUISE JILLIAN PARIS SBN 3478014 OMNI LEGAL GROUP ATTORNEYS FOR PLAINTIFF, LAL TITUDE LLC
OMID E. KHALIFEH, SBN 267340 ARIANA SANTORO, SBN 300767 2 LOUISE JILLIAN PARIS SBN 3478014 OMNI LEGAL GROUP ATTORNEYS FOR PLAINTIFF, LAL TITUDE LLC
JUDGMENT
Hon. Philip S. Gutierrez United States District Court Judge
This cause having come before this Court on the motion of Plaintiff Laltitude LLC ("Laltitude" or "Plaintiff') for default judgment and permanent injunction against SoyeeGlobal ("SoyeeGlobal" or "Defendant");
AND, the Court having read and considered the pleadings, declarations, and exhibits on file in this matter and having reviewed such evidence as was presented in support of Plaintiffs Motion;
AND, GOOD CAUSE APPEARING THEREFORE, the Court finds the Defendant liable for Copyright Infringement, Design Patent Infringement, and Unfair Competition based upon Plaintiffs meritorious claims set forth in their Complaint. Dkt. 1. Specifically, the court finds that Defendant willfully infringes upon U.S. Copyright Registration No. VAu001413272 (the "Copyright"), and U.S. Patent No. D929,505 (the "Patent").
Defendant's manufacture, sale, offering for sale, and/or import of the infringing product was engaged in willfully and intentionally, without leave or license from Plaintiff, in violation of Plaintiffs rights in and to Plaintiffs properties. Moreover, Defendant has engaged in unfair business practices by maliciously disrupting Plaintiffs business through the manufacture, sale, offering for sale, and/or import of the infringing product.
The liability of the Defendant in the above-referenced action for acts in violation of Plaintiffs rights is knowing and willful, and as such the Court expressly finds that there is no just reason for delay in entering the default judgment and permanent injunction sought herein.
Therefore, based on the foregoing facts, and GOOD CAUSE APPEARING THEREFORE, THE COURT ORDERS that this Judgment shall be and is hereby entered within the action as follows:
1) This Court has jurisdiction over the parties to this action and over the subject matter hereof. Service of process was properly made on the Defendant.
2) Defendant has manufactured, offered for sale, sold, and/or imported products which infringe upon U.S. Copyright Registration No. VAu001413272.
3) Defendant has willfully and deliberately infringed upon U.S. Copyright Registration No. VAu001413272.
4) Defendant has manufactured, offered for sale, sold, and/or imported products which infringe upon U.S. Patent No. D929,505.
5) Defendant has willfully and deliberately infringed upon U.S. Patent No. D929,505.
6) Defendant has engaged in unfair business practices, in violation of Cal. Bus. & Prof. Code § 17200.
7) Defendant and its agents, servants, employees, and all persons in active concert and participation with it, who receive actual notice of the injunction, are hereby RESTRAINED AND ENJOINED from engaging in the manufacture, use, offer for sale, or sale within the United States, or importation into the United States of products that infringe Plaintiffs design patent D929,505 and copyright titled "Action Figure People", Registration No. VAu001413272 or any product that is merely a colorable variation thereof.
8) Defendant is required to deliver all material in Defendant's possession, custody, or control, that includes or incorporates products that infringe Plaintiffs Copyright and Patent rights.
9) Plaintiffs request for monetary damages is GRANTED. The Court orders Defendant to pay a lump-sum amount of $542,326 in monetary damages.
10) Plaintiffs request for attorney's fees is GRANTED. The Court orders Defendant to pay attorney's fees in the lump-sum amount of $16,191.
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11) This judgment shall be deemed to have been served upon Defendant at the time of its execution by the Court
12) The Court finds there is no just reason for delay in entering this Judgment and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Judgment against Defendant.
13) The Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this judgment.