Opinion
8:22-cv-01252-DOC-JDE
09-01-2022
P&P Imports LLC, a California Limited Liability Corporation Plaintiff, v. BalanceFrom LLC, Signature Fitness Inc., Qiduo Innovation Inc., Qiduo E-Commerce Zhejiang Co., LTD. and DOES 1-5, Defendants.
CONSENT JUDGMENT FOR PERMANENT INJUNCTION
HON. DAVID O. CARTER UNITED STATES DISTRICT JUDGE
Plaintiff, P&P Imports LLC (“P&P”) filed a complaint seeking a permanent injunction and other relief against Defendants BalanceFrom LLC, Signature Fitness Inc., Qiduo Innovation Inc. and Qiduo E-Commerce (Zhejiang) Co., LTD. (collectively referred to as “Defendants”), pursuant to 17 U.S.C. § 101 et seq., § 106 and § 113 for copyright infringement and 35 U.S.C. § 284 for patent infringement. P&P and Defendants shall be collectively referred to as the “Parties”.
The Parties have agreed to enter the following Consent Judgment For Permanent Injunction (“Judgment”) against Defendants. The Court, being advised in the premises, finds:
FINDINGS
1. The Court has jurisdiction over the Parties and the subject matter of this action, and enforcement of this Injunction and Judgment. Venue in the Central District of California is proper as alleged in the Complaint and as further stipulated to by the Parties. The Court shall retain jurisdiction to enforce this Consent Judgment For Permanent Injunction and the Parties' Settlement Agreement.
2. The Complaint states claims upon which relief can be granted.
3. The Parties waive all rights to challenge or contest the validity of this Judgment.
4. Entry of this Judgment is in the public interest at least to prevent consumer confusion between P&P's goods and Defendants' goods, and to prevent further infringement by preventing Defendants from using P&P's United States Design Patent No. D868,916, (the “‘916 Patent”), or copyrighted works, U.S. Copyright Office Registration Numbers: VA 2-148-708, VA 2-245-380 and VA 2-248-226 to sell Defendants' goods.
5. Pursuant to Federal Rule of Civil Procedure 65(d), the provisions of this Judgment are binding upon all Defendants, and their officers, agents, servants, employees and all other persons or entities in active concert or participation with them in whole or in part, who receive actual notice of this Judgment by personal service or otherwise, and their successors and assigns.
6. P&P owns a valid and enforceable patent in their United States Design Patent No. D868,916, (the “‘916 Patent”), entitled “Golf Chipping Game.” A true and correct copy of the ‘916 Patent is attached hereto as Exhibit A and is incorporated herein by reference.
7. P&P owns valid and enforceable copyrights in their photographs and registered with the U.S. Copyright Office under Registration Number VA 2-148-708 entitled “BattleChip Photographs.” A true and correct copy of the Copyright Registration Certificate is attached hereto as Exhibit B and is incorporated herein by reference.
8. P&P owns valid and enforceable copyrights in their photographs registered with the U.S. Copyright Office under Registration Number VA 2-245-380 entitled “Triturf 2018 Photographs.” A true and correct copy of the Copyright Registration Certificate is attached hereto as Exhibit C and is incorporated herein by reference.
9. P&P owns valid and enforceable copyrights in their photographs registered with the U.S. Copyright Office under Registration Number VA 2-248-226 entitled “Triturf 2019 Photographs.” A true and correct copy of the Copyright Registration Certificate is attached hereto as Exhibit C and is incorporated herein by reference.
DEFINITIONS
For purposes of this Judgment, the following definitions shall apply:
1. The “‘916 Patent” shall mean P&P's patent entitled “Golf Chipping Game,” United States Design Patent No. D868,916, and all patented material therein.
2. “BattleChip Game Photographs” shall mean P&P's work: U.S. Copyright Office Registration Number VA 2-148-708 entitled “BattleChip Photographs,” and all copyrightable materials therein.
3. “Tri-Turf Mat Photographs” shall mean P&P's works: U.S. Copyright Office Registration Number VA 2-245-380 entitled “Triturf 2018 Photographs” and U.S. Copyright Office Registration Number VA 2248-226 entitled “Triturf 2019 Photographs” and all copyrightable materials therein.
4. P&P's COPYRIGHTED WORKS shall mean all material copyrighted by P&P as of the date of this Judgment, including the BattleChip Photographs and Tri-Turf Mat Photographs.
5. “Infringing Chipping Game” shall mean Defendants' golf game, Albatross Golf Backyard Chipping Battle game, product SKU number AG-CORNHOLE, as identified on pages 6-10 of the Complaint. A true and correct copy of the photographs are attached hereto as Exhibit E and is incorporated herein by reference.
6. “Infringing Chipping Game Photographs” shall mean Defendants' infringing photographs of its product SKU number AG-CORNHOLE, as identified on pages 6-8 of the Complaint and herein SEE Exhibit E.
7. “Defendants' Mat” shall mean Defendants' Albatross Golf Three-Lie Golf Hitting Practice Mat, product: SKU number AG-3IN1-2424 & SKU number AG-3IN1-1224, as identified on pages 8-10 of the Complaint. A true and correct copy of the photographs are attached hereto as Exhibit F and is incorporated herein by reference.
8. “Infringing Mat Photographs” shall mean Defendants' infringing photographs of its product SKU number AG-3IN1-2424 & SKU number AG-3IN1-1224, as identified on pages 8-10 of the Complaint. A true and correct copy of the photographs are attached hereto as Exhibit F and is incorporated herein by reference.
9. “ACCUSED PRODUCTS” shall mean all products that are substantially similar to P&P's ‘916 Patent as viewed by an ordinary observer or any product that appropriates in any way any of P&P's COPYRIGHTED WORKS, and any products sold by, or on the behalf of or for the benefit of, any of the Defendants or their agents that are accused of infringement, including but not limited to: the Infringing Chipping Game, aka Albatross Golf Backyard Chipping Battle game, product SKU number AG-CORNHOLE (at least as shown by examples in Exhibit E), and the Defendants' Mat aka Albatross Golf Three-Lie Golf Hitting Practice Mat, product: SKU number AG-3IN1-2424 & SKU number AG-3IN1-1224 (at least as shown by examples in Exhibit F).
PERMANENT INJUNCTION
I. P&P's ‘916 Patent
IT IS HEREBY found that Defendants Albatross Golf Backyard Chipping Battle game as depicted in Exhibit E infringes P&P's ‘916 Patent, and
IT IS ORDERED that Defendants, directly or through any corporation, partnership, subsidiary or parent, division, trade name, or other device, and their officers, agents, servants, employees and all persons or entities in active concert or participation with them, or who receive any benefit therefrom who receive actual notice of this Judgment, by personal service or otherwise, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any product using P&P's ‘916 Patent, are hereby permanently restrained and enjoined from:
A. Using P&P's ‘916 Patent, or any other design that an ordinary observer would view as a substantially similar design to the ‘916 Patent.
B. Conspiring with, aiding, assisting, or abetting any other person or entity in engaging in or performing any of the activities referred to in subparagraph (A) above.
C. Making, importing, distributing, advertising or selling any of the ACCUSED PRODUCTS.
II. P&P's Copyrighted Works
IT IS FURTHER found that Defendants ACCUSED PRODUCTS as depicted in Exhibits E and F hereto Infringe P&P's Copyrighted Works, and
IT IS ORDERED that Defendants, directly or through any corporation, partnership, subsidiary, division, trade name, or other device, and their officers, agents, servants, employees and all persons or entities in active concert or participation with them or who receive any benefit therefrom who receive actual notice of this Judgment, by personal service or otherwise, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of products or media are hereby permanently restrained and enjoined from:
A. Using, reproducing, distributing, creating derivative works, transmitting, or broadcasting any of P&P's COPYRIGHTED WORKS, including but not limited to any of P&P's advertisements, photographs, artwork, text, product descriptions, including creating any works that are substantially similar to P&P's COPYRIGHTED WORKS using the meaning of substantially similar as defined under federal copyright statutes and case law.
B. Making, importing, distributing or selling any product derived in whole or in part from P&P's COPYRIGHTED WORKS.
IT IS SO ORDERED.
(Exhibit A Omitted)