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Adobe Systems Incorporated v. Sean Adler and Does 1 -- 10

November 29, 2010

ADOBE SYSTEMS INCORPORATED,
PLAINTIFF,
v.
SEAN ADLER AND DOES 1 -- 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Saundra B. Armstrong Judge, United States District Court for the Northern District of California

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PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE

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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 Sean Adler ("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.

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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 them 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, or is likely to confuse, mislead or deceive purchasers, Defendant's customers and/or members of the public to believe, that the actions of Defendant, the products sold by Defendant, or Defendant himself are connected with Plaintiff, are sponsored, approved or licensed by Plaintiff, or are 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.

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5) Each side shall bear its own fees and costs of suit.

6) Except as provided herein, all claims alleged in the Complaint are dismissed with prejudice.

7) This Injunction shall be deemed to have been served upon Defendant at the time of its execution by the Court.

8) The Court finds there is no just reason for delay in entering this Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Injunction against Defendants.

9) The Chief Magistrate Judge or her designee 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 Injunction.

10) The above-captioned action shall, upon filing by Plaintiff of the Joint Stipulation re Entry of [Proposed] Judgment and [Proposed] Final Judgment and requesting entry of judgment against Defendant, be reopened should Defendant default under the terms of the Settlement Agreement.

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11) The Chief Magistrate Judge or her designee shall retain jurisdiction over the Defendant for the purpose of making further orders necessary or proper for the construction or modification of this consent decree and judgment; the enforcement hereof; the punishment of any violations hereof, and for the possible entry of a further Judgment Pursuant to Stipulation in this action.

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PRESENTED BY:

J. Andrew Coombs, A Professional Corporation By: ______________________________ J. Andrew Coombs Nicole L. Drey Attorneys for Plaintiff Adobe Systems Incorporated Sean Adler By: ______________________________ Sean Adler Defendant, in pro se

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EXHIBIT A

Copyright Registrations

Copyright Registration

Title of Work No.

Acrobat 3D TX0006277233 Acrobat Capture 1.0. TX0004559023

Acrobat Capture 1.0. TX0004559023 Acrobat Capture 2.0. TX0004509574

Acrobat Capture 2.0. TX0004509574 Acrobat Catalog for Windows. TX0004001286

Acrobat Catalog for Windows. TX0004001286 Acrobat Distiller 2.1 for Macintosh. TX0004169553

Acrobat Distiller 2.1 for Macintosh. TX0004169553 Acrobat Distiller 2.1 for Microsoft Windows. TX0004169555

Acrobat Distiller 2.1 for Microsoft Windows. TX0004169555

Acrobat Distiller for Microsoft Windows. TX0003893510 Acrobat Distiller for Microsoft Windows. TX0003893510

Acrobat Exchange 2.0 for Macintosh. TX0004001287 Acrobat Exchange 2.0 for Macintosh. TX0004001287

Acrobat Exchange 2.1 for Macintosh. TX0004169554 Acrobat Exchange 2.1 for Macintosh. TX0004169554

Acrobat Exchange 2.1 for UNIX. TX0004231310 Acrobat Exchange 2.1 for UNIX. TX0004231310

Acrobat Exchange and Acrobat Reader for Macintosh. TX0003611923

Acrobat Exchange and Acrobat Reader for Macintosh. TX0003611923 Acrobat Exchange and Acrobat Reader for Windows. TX0003611922

Acrobat Exchange and Acrobat Reader for Windows. TX0003611922 Acrobat Reader 2.0 for Windows. TX0003893506

Acrobat Reader 2.0 for Windows. TX0003893506 Acrobat Reader 3.0. TX0004509573

Acrobat Reader 3.0. TX0004509573 Acrobat Search for Macintosh. TX0003991344

Acrobat Search for Windows. TX0003978856 Acrobat Search for Windows.

TX0003978856

Acrobat. TX0001644799

Adobe Accelio Capture Advanced Client 4.0 for Windows. TX0005553357 Adobe Accelio Integrate Suite 6.0 for Windows. TX0005553342

Adobe Acrobat 3.0 for Macintosh, Windows and UNIX. TX0004583920 Adobe Acrobat 3.0 for Macintosh, Windows and UNIX. TX0004583920

Adobe Acrobat 4.0. TX0004961793 Adobe Acrobat 5.0 for Macintosh. TX0005545266

Adobe Acrobat 5.0 for Windows. TX0005545265 Adobe Acrobat 5.0 Getting Started Guide. TX0005545267

Adobe Acrobat 6.0 for Macintosh. TX0005748744

Adobe Acrobat 6.0 for Windows. TX0005748745 Adobe Acrobat 7.0 Standard for Macintosh. TX0006045087

Adobe Acrobat 7.0 Standard for Windows. TX0006045086 Adobe Acrobat 8 Professional for ...


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