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Silverlit Toys Manufactory Ltd. v. JP Commerce

May 3, 2010

SILVERLIT TOYS MANUFACTORY LTD., A HONG KONG COMPANY, AND SPIN MASTER LTD., A CANADIAN CORPORATION, PLAINTIFFS,
v.
JP COMMERCE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, D/B/A WWW.JPCOMMERCE.COM., THINK RC FORM UNKNOWN, D/B/A WWW.THINKRC.COM. DEFENDANTS.
JP COMMERCE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, D/B/A WWW.JPCOMMERCE.COM., THINK RC FORM UNKNOWN, D/B/A WWW.THINKRC.COM. COUNTER-CLAIMANTS,
v.
SILVERLIT TOYS MANUFACTORY LTD., A HONG KONG COMPANY, AND SPIN MASTER LTD., A CANADIAN CORPORATION, COUNTER-DEFENDANTS.



The opinion of the court was delivered by: Hon. Christina A. Snyder

STIPULATED PERMANENT INJUNCTION AND DISMISSAL

This Stipulated Permanent Injunction and Dismissal is entered into by and among Plaintiffs Silverlit Toys Manufactory Ltd. ("Silverlit") and Spin Master Ltd. ("Spin Master") (collectively "Plaintiffs") on the one hand, and Defendants JP Commerce, LLC (d/b/a www.jpcommerce.com, Think RC, and www.thinkrc.com) (collectively, "Defendants") on the other hand, in accordance with and pursuant to the terms of a Settlement Agreement among the parties to this action.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

1. This Court has jurisdiction over the parties and subject matter of this action.

2. Defendant JP Commerce, LLC is a California limited liability company.

3. Defendant JP Commerce LLC is also doing business as listed defendant Think RC.

4. Defendants jpcommerce.com and thinkrc.com are websites registered to, owned, operated, and/or controlled by JP Commerce, LLC.

5.Spin Master is the owner of U.S. Copyright Registration No. VA 1-645-947, entitled "Toy Car -- Sports" (the "Car Copyright"), issued on November 19, 2008. The Car Copyright is valid and enforceable.

6. Spin Master is the exclusive licensee of U.S. Patent No. D590,896 (the "'896 Patent"), entitled "Toy Car Base," which issued on April 21, 2009. The '896 Patent is valid and enforceable.

7. Silverlit is the owner of U.S. Copyright Registration No. VAu694-351 ("Helicopter Copyright"), issued on January 23, 2006. The Helicopter Copyright is valid and enforceable.

8. Silverlit is the owner of U.S. Copyright Registration No. VA 1-631-768 ("Helicopter and Controller Copyright"), issued on May 8, 2008. The Helicopter and Controller Copyright is valid and enforceable.

9. Silverlit is the owner of U.S. Copyright Registration No. VA 1-630-182 ("Controller Copyright"), issued on April 16, 2008. The Controller Copyright is valid and enforceable.

10.Silverlit is the owner by assignment of U.S. Patent No. 7,467,984 (the "'984 Patent"), entitled "Helicopter," which issued on December 28, 2008. The '984 Patent is valid and enforceable.

11. Silverlit is the owner by assignment of U.S. Patent 7,425,168 (the "'168 Patent"), entitled "Toy Helicopter," issued on September 16, 2008. ...


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