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Apple Inc v. Tech International

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


January 3, 2011

APPLE INC.,
PLAINTIFF,
v.
TECH INTERNATIONAL, INC. AND HOOTOO.COM, INC. BRILLIANT STORE, INC., SUNVALLEYTEK INTERNATIONAL,
INC., AND HOOTOO.COM, INC.,
DEFENDANTS.

The opinion of the court was delivered by: Saundra Brown Armstrong United States District Judge

[PROPOSED] INJUNCTION ORDER AS TO SUN VALLEY

INJUNCTION ORDER

International, Inc. ("SVT"), and Hootoo.com, Inc. ("HTI") (collectively Court's jurisdiction and to entry of this Injunction Order and having waived any 5 right to appeal this Injunction Order, 1. This Court has jurisdiction over the Defendants and the subject matter of this action and Injunction Order.

D586,800; D593,087; D571,360; D595,264; D597,080; D597,081; D610,128; D612,843; and D612,844 (collectively the "Patents"), which are valid and enforceable.

electronic devices, and accessories for those products, such as power adapters.

Apple has developed a tremendous amount of goodwill in the design of its products and in its trademarks, including but not limited to APPLE, , MACBOOK, MAGSAFE, IPHONE, and IPOD (collectively the "Trademarks"), which are registered with the U.S. Patent and Trademark Office.

adapters, and owns domain names and operates web sites through which its 22 products are sold, including hootoo.com. Without Apple's authorization, SVT has 23 used, imported, sold and/or offered for sale products that infringe the Patents, 24 including but not limited to products identified as 93-02004-023, 93-02004-019, 25 001, 75-01006-003, 75-01006-005, 75-01006-006, 75-01006-004, 75-01006-002, 27 98-02200-004, or 98-02200-015; or described on Defendants' websites as "USB 28 charger for iPhone 3GS," "A808 Unlocked GSM Cell Phone with Dual Camera TV INJUNCTION ORDER Apple Inc. ("Apple"), having brought this action against Sunvalleytek "Defendants") and Brilliant Store, Inc., and Defendants having consented to the IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

2. Apple owns U.S. Patent Nos. D478,310; D479,823; D611,415; D495,336; D596,621; D560,212; D588,610; D589,530; 7,627,343; D572,246; 3. Apple designs, manufactures, and sells computers, personal 4. SVT has sold various electronic accessories, including power 93-02004-006, A1244, A1184, A1172, 93-36016-304, 75-01006-001, 75-01005-26 Wi-fi," "M8 Wifi Unlocked GSM Cell Phone with 3.3-inch QVGA Dual Camera," "i9 Unlocked GSM Cell Phone with Camera MP3 Bluetooth 3.2-inch," "M9 wifi GPS Unlocked Cell Phone with 3.5-inch QVGA Screen, "Compass 3GS Cell Phone with Camera MP3 Bluetooth Wi-Fi Ana," "W003 Unlocked GSM Cell Phone with Camera MP3 Bluetooth Wi-Fi HD, "3G Dock for iPhone 3Gs 3G iPod "Bluetooth Slim Stereo Headset Handsfree Mini Headphone," "iPhone 3Gs FM "Apple iPod Nano 3rd gen Blue LED Remote Control FM Transmitter," "Apple 12 iPhone 3G 8GB Blue LED Remote Control FM Transmitter," "Apple iPod Classic Hands-free Car Kit For iPhone 3Gs," "iPod iPhone FM Transmitter with Remote Control (black)," "FM Transmitter with Aluminum Cover," "Universal Data Cable for iPod iPhone 3G HTC PSP GBA SP NDSL NDSi," "AV Cable for iPhone iPod "AV Cable with USB for iPhone iPod Classic Nano Touch metal head," "iPod Classic Nano Touch," "Data Dock for iPhone 3Gs 3G iPod Classic Nano Touch," Touch," "FM Transmitter Hands-free Car Kit For iPhone 3Gs," "iPhone 3g 8GB Kit," "Aluminum cover FM Transmitter(Black)," "FM transmitter with Remote "Portable Power station Battery for iPhone 3G/3GS 2000mAh," "iPhone 3g/3GS Portable Power station Battery," "Portable Power station Battery for iPhone Unlocked GSM Cell Phone with Camera MP3 Bluetooth 3," "K599 Unlocked GSM Phone with Camera MP3 Bluetooth Wi-Fi HD," and "W001 Unlocked GSM Cell Classic Nano Touch," "Data Dock for iPhone 3Gs 3G iPod Classic Nano Touch," Transmitter Hands-free Car Kit," "Blue LED Remote Control FM Transmitter," 160GB Blue LED Remote Control FM Transmitter," "Bluetooth FM Transmitter Classic Nano Touch," "AV Cable with USB for iPhone iPod Classic Nano Touch," Touch 3rd Gen 32GB FM Transmitter(Black)," "3G Dock for iPhone 3Gs 3G iPod "USB Charger and Data Cable for iPhone 3GS iPhone3G iPod Classic Nano FM Transmitter(Black)," "iPhone 3Gs Bluetooth FM Transmitter Hands-free Car Control for iPod iPhone," "Blue LED FM Transmitter with Remote Control," 3g/3GS," and "MacBook and MacBook Pro Keyboards." SVT also has used the Trademarks in an infringing manner in conjunction with the sale of these products.

Affiliates, members, officers, managers, agents, servants, employees, representatives, and all other Persons in active concert or participation with any of 6 them shall refrain from and are permanently enjoined from: advertising, marketing, using, selling, or offering for sale the following products or 9 any colorable imitations of these products: appearance to the design claimed in U.S. Patent No. D478,310, including but not 12 limited to the products identified as 93-02004-023, 93-02004-019, 93-02004-006, (ii) any adapter that is substantially similar in appearance to the design claimed in U.S. Patent No. D479,823, including but not 16 limited to the product identified as 93-36016-304.

(iii) any product that is substantially similar in appearance to the design claimed in U.S. Patent No. D611,415, including but not 19 limited to the product described on Defendants' websites as "USB charger for 20 iPhone 3GS." appearance to the design claimed in one or more of the following patents: U.S. Patent No. D586,800 or D593,087. This category includes but is not limited to the 24 products described on Defendants' websites as "A808 Unlocked GSM Cell Phone 25 with Dual Camera TV Wi-fi," "M8 Wifi Unlocked GSM Cell Phone with 3.3-inch Bluetooth 3.2-inch," "M9 wifi GPS Unlocked Cell Phone with 3.5-inch QVGA

5. Defendants and each of their predecessors, successors, assigns, a. manufacturing, importing, distributing, shipping, (i) any adapter that is substantially similar in A1244, A1184, or A1172.

(iv) any product that is substantially similar in QVGA Dual Camera," "i9 Unlocked GSM Cell Phone with Camera MP3 Screen, "Compass 3GS Unlocked GSM Cell Phone with Camera MP3 Bluetooth 3," "K599 Unlocked GSM Cell Phone with Camera MP3 Bluetooth Wi-Fi Ana," "W003 Unlocked GSM Cell Phone with Camera MP3 Bluetooth Wi-Fi HD," and (v) any product that is substantially similar in appearance to the design claimed in one or more of the following patents: U.S. Patent No. D571,360; D595,264; D597,080; D597,081; or D610,128. This category includes but is not limited to the product described on Defendants' websites as "3G Dock for iPhone 3Gs 3G iPod Classic Nano Touch."

appearance to the design claimed in one or more of the following patents: U.S. Patent No. D495,336 or D596,621. This category includes but is not limited to the 12 product described on Defendants' websites as "Data Dock for iPhone 3Gs 3G iPod (vii) any product that is substantially similar in appearance as the design claimed in one or more of the following patents: U.S. Patent No. D560,212; D588,610; or D589,530. This category includes but is not 17 limited to the product described on Defendants' websites as "Bluetooth Slim Stereo (viii) any product that uses Apple's proprietary 30-pin connector system, claimed in, e.g., U.S. Patent No. 7,627,343, including but not 21 limited to the products identified as 75-01006-001, 75-01005-001, 75-01006-003, 22 Defendants' websites as "iPhone 3Gs FM Transmitter Hands-free Car Kit," "Blue Remote Control FM Transmitter," "Apple iPhone 3G 8GB Blue LED Remote FM Transmitter," "Bluetooth FM Transmitter Hands-free Car Kit For iPhone 3Gs," "W001 Unlocked GSM Cell Phone with Camera MP3 Bluetooth Wi-Fi HD." (vi) any product that is substantially similar in Classic Nano Touch."

Headset Handsfree Mini Headphone."

75-01006-005, 75-01006-006, 75-01006-004 or 75-01006-002, or described on LED Remote Control FM Transmitter," "Apple iPod Nano 3rd gen Blue LED Control FM Transmitter," "Apple iPod Classic 160GB Blue LED Remote Control "iPod iPhone FM Transmitter with Remote Control (black)," "FM Transmitter with Aluminum Cover," "Universal Data Cable for iPod iPhone 3G HTC PSP GBA SP NDSL NDSi," "AV Cable for iPhone iPod Classic Nano Touch," "AV Cable with Classic Nano Touch metal head," "iPod Touch 3rd Gen 32GB FM "Data Dock for iPhone 3Gs 3G iPod Classic Nano Touch," "USB Charger and Data Hands-free Car Kit For iPhone 3Gs," "iPhone 3g 8GB FM Transmitter(Black)," FM Transmitter(Black)," "FM transmitter with Remote Control for iPod iPhone," "Blue LED FM Transmitter with Remote Control," "Portable Power station Battery 12 for iPhone 3G/3GS 2000mAh," "iPhone 3g/3GS Portable Power station Battery," 13 and "Portable Power station Battery for iPhone 3g/3GS."

appearance to the design claimed in one or more of the following patents: U.S. Patent No. D572,246; D612,843; or D612,844. This category includes but is not 17 limited to the products identified as 98-02200-004 or 98-02200-015, or described 18 on Defendants' websites as "MacBook and MacBook Pro Keyboards." advertising, marketing, using, selling, or offering for sale any products that are 21 similar to or likely to cause confusion with the trade dress for Apple's products; on any advertisement, website, or product packaging to represent or illustrate the 24 product that is being advertised, marketed, or sold, when such product is not 25 manufactured by Apple; d. using the Trademarks or any other name or mark owned by Apple, or any variants thereof, in a manner which indicates or suggests that a 28 business, website, product, or service is in any way associated or affiliated with, USB for iPhone iPod Classic Nano Touch," "AV Cable with USB for iPhone iPod Transmitter(Black)," "3G Dock for iPhone 3Gs 3G iPod Classic Nano Touch," Cable for iPhone 3GS iPhone3G iPod Classic Nano Touch," "FM Transmitter "iPhone 3Gs Bluetooth FM Transmitter Hands-free Car Kit," "Aluminum cover (ix) any keyboard that is substantially similar in b. manufacturing, importing, distributing, shipping, c. using a photograph or image of a genuine Apple product authorized, sponsored, or approved by Apple, such as by way of example "Apple A1184 AC Adapter"; Defendants shall not be prohibited from advertising or 3 marketing a particular product as "compatible with [a particular genuine Apple 4 product]," if such statement is true, and the statement complies with the principles 5 of referential fair use and does not otherwise create a sense of endorsement, 6 sponsorship, or false association with Apple or Apple products or services; domain name containing any name or mark owned by Apple, or any name or mark 9 confusingly similar thereto, unless such activities comply with principles of 10 referential fair use or such sale, transfer, or assignment is made to Apple; and any variants thereof (1) as keyword search terms to generate sponsored links, unless 13 such purchase or use complies with principles of referential fair use, or (2) as a 14 hidden link or hidden text on any website.

Apple-licensed products.

when used anywhere in this Injunction Order. Additionally, as used in this Injunction Order, the following capitalized terms shall have the meanings set forth 20 below: corporation, limited liability company, trust, or any other form of legal entity.

Controls, is Controlled by, or is under common Control with any Defendant.

control, manage, direct or otherwise materially influence the management, direction, operations or policies of such Person, whether by ownership of voting 28 securities, by contract or otherwise.

e. registering, owning, selling, transferring, or assigning any

f. purchasing or using any name or mark owned by Apple or

6. This injunction shall not prohibit any marketing or sale of

7. All terms defined in this Injunction Order shall be so defined

a. "Person" means any individual, partnership, association,

b. "Affiliate" means any Person that now or in the future

c. "Control" means, with respect to any Person, the ability to

8. The parties waive any right to appeal this Injunction Order.

9. The Court will retain continuing jurisdiction for purposes of interpreting and enforcing this Injunction Order. Any and all disputes concerning 4 the Injunction Order shall be referred to the Chief Magistrate Judge or her designee 5 for resolution or report and recommendation, depending on the relief requested.

20110103

© 1992-2011 VersusLaw Inc.



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