UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)
September 12, 2008
ADOBE SYSTEMS INCORPORATED, PLAINTIFF,
ANDREH LEE, JIREHOVA MUNTHE AND DOES 2 -- 10, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Phyllis J. Hamilton R Judge
[PROPOSED] PERMANENT ) INJUNCTION AND DISMISSAL WITH ) PREJUDICE
The Court, having read and considered the Joint Stipulation for Permanent Injunction and Dismissal with Prejudice that has been executed by Plaintiff Adobe Systems Incorporated ("Plaintiff") and Defendant Jirehova Munthe ("Defendant") in this action, and good cause appearing therefore, hereby:
ORDERS that based on the Parties' stipulation and only as to Defendant, his successors, heirs, and assignees, this Injunction shall be and is hereby entered in the within action as follows:
1) This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 17 U.S.C. § 101 et seq ., 15 U.S.C. § 1051, et seq ., 15 U.S.C. § 1121, and 28 U.S.C. §§ 1331 and 1338. Service of process was properly made against Defendant.
2) Plaintiff is the owner of all rights in and to the copyright and trademark registrations listed in Exhibits A and B attached hereto and incorporated herein by this reference (collectively referred to herein as "Plaintiff's Properties").
3) Plaintiff has alleged that Defendant has made unauthorized uses of Plaintiff's Properties or substantially similar likenesses or colorable imitations thereof.
4) Defendant and his agents, servants, employees and all persons in active concert and participation with him who receive actual notice of the Injunction are hereby restrained and enjoined from:
a) Infringing Plaintiff's Properties, 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 product which features any of Plaintiff's Properties ("Unauthorized Products"), and, specifically from:
i) Importing, manufacturing, distributing, advertising, selling and/or offering for sale the Unauthorized Products or any other unauthorized products which picture, reproduce, copy or use the likenesses of or bear a substantial similarity to any of Plaintiff's Properties;
ii) Importing, manufacturing, distributing, advertising, selling and/or offering for sale in connection thereto any unauthorized promotional materials, labels, packaging or containers which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of Plaintiff's Properties;
iii) Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead or deceive purchasers, Defendant's customers and/or members of the public to believe, the actions of Defendant, the products sold by Defendant, or Defendant himself is connected with Plaintiff, is sponsored, approved or licensed by Plaintiff, or is affiliated with Plaintiff;
iv) Affixing, applying, annexing or using in connection with the importation, manufacture, distribution, advertising, sale and/or offer for sale or other use of any goods or services, a false description or representation, including words or other symbols, tending to falsely describe or represent such goods as being those of Plaintiff.
5) Each side shall bear its own fees and costs of suit.
6) Defendant Andreh Lee is dismissed from the First Amended Complaint without prejudice pursuant to Fed. R. Civ. P. 41.
7) Except as provided herein, all claims alleged in the First Amended Complaint against Defendant Erick Munthe and Doe Defendants are dismissed with prejudice.
IT IS SO ORDERED
PROOF OF SERVICE
I, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of Los Angeles, and not a party to the above-entitled cause. I am employed by a member of the Bar of the United States District Court of California. My business address is 517 East Wilson Boulevard, Suite 202, Glendale, California 91206.
On September 8, 2008, I served on the interested parties in this action with the:
FIRST AMENDED COMPLAINT FOR COPYRIGHT INFRINGEMENT AND TRADEMARK INFRINGEMENT; DEMAND FOR A JURY TRIAL NOTICE OF DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a) JOINT STIPULATION FOR PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE [PROPOSED] PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE for the following civil action:
Adobe Systems Incorporated v. Andreh Lee, et al. by placing a true copy thereof in a sealed envelope. I am readily familiar with the office's practice of collecting and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on the same day with postage thereon fully prepaid at Glendale, California in the ordinary course of business. I am aware that on motion of the party served, service presumed invalid if postal cancellation date or postage meter is more than one day after date of deposit for mailing in affidavit.
Andreh Lee 51-46 Gorsline St., Basement Elmhurst, New York 11373 Jirehova Munthe 18 Fairway Drive Danbury, CT 06811 Place of Mailing: Glendale, California Executed on September 8, 2008, at Glendale, California.
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