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Spin Master Ltd., A Canadian Corporation v. Your Store Online

February 22, 2011

SPIN MASTER LTD., A CANADIAN CORPORATION;
SPIN MASTER INC., DELAWARE CORPORATION,
SILVERLIT TOYS MANUFACTORY LTD., A HONG KONG COMPANY, PLAINTIFFS,
v.
YOUR STORE ONLINE, A WISCONSIN LIMITED LIABILITY COMPANY, DEFENDANT.
YOUR STORE ONLINE, A WISCONSIN LIMITED LIABILITY COMPANY, COUNTERCLAIMANT,
v.
SPIN MASTER LTD., A CANADIAN CORPORATION;
SPIN MASTER INC., DELAWARE CORPORATION,
SILVERLIT TOYS MANUFACTORY LTD., A HONG KONG COMPANY, COUNTERDEFENDANTS.



The opinion of the court was delivered by: U.S. District Court Central District of California Honorable Christina A. Snyder

PERMANENT INJUNCTION

Stipulation for Entry of Permanent Injunction and Dismissal Filed Concurrently Herewith Judge: Hon. Christina A. Snyder

Discovery Cutoff: December 31, 2010 Pre-Trial Conference: May 23, 2011 Trial Date: July 5, 2011

Having considered the Stipulation for Entry of a Permanent Injunction and Dismissal of Action submitted by Plaintiffs Silverlit Toys Manufactory Ltd. ("Silverlit"), Spin Master Inc., and Spin Master Ltd. (collectively, "Plaintiffs"), and Defendant Your Store Online, LLC ("Defendant"):

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

1. Defendant, its successors, assigns, owners, principals, partners, shareholders, officers, directors, agents, servants, employees, any and all persons acting in concert or participation with Defendant, including but not limited to, Chris Reoch and Paul Reoch, are immediately and permanently enjoined from:

a. Making, using, selling, offering for sale, importing into the United States, marketing, reproducing, distributing, receiving, forwarding, shipping, displaying (on websites or otherwise), or in any way commercially exploiting the Accused Cars as depicted in Exhibits 1 - 6, or any other toy carsthat are a copy of, or are substantially similar to, the cars protected by the Toy Car-Sports Copyright (U.S. Copyright Registration No. VA 1-645-947) and/or Toy Car-Rugged Copyright (U.S. Copyright Registration No. VA 1-645-948);

b. Making, using, selling, offering for sale, importing into the United States, marketing, reproducing, distributing, receiving, forwarding, shipping, displaying (on websites or otherwise), or in any way commercially exploiting any toy cars or products with a car base that is a copy of, or substantially similar to, the car base claimed in the '896 Patent (U.S. Patent No. D590,896), including but not limited to, the Accused Cars depicted in Exhibits 1 - 6;

c. Making, using, selling, offering for sale, importing into the United States, marketing, reproducing, distributing, receiving, forwarding, shipping, displaying (on websites or otherwise), or in any way commercially exploiting the MicroGear Clone, YSO Clone or X-Type as depicted in Exhibits 10 - 11 and 17, or any other toy helicopter that is a copy of, or is substantially similar to, the helicopter protected by the Helicopter Copyright (U.S. Copyright Registration No. VAu694-351);

d. Making, using, selling, offering for sale, importing into the United States, marketing, reproducing, distributing, receiving, forwarding, shipping, displaying (on websites or otherwise), or in any way commercially exploiting the Accused Helicopters, as depicted in Exhibits 7 - 17, or any other toy helicopters that infringe one or more claims of the '167, '168, and/or '984 Patents (U.S. Patent Nos. 7,425,167; 7,425,168; and 7,467,984, respectively);

e. Using, imitating, copying, duplicating or otherwise commercially exploiting the AIR HOGS Trademarks (U.S. Trademark Registration Nos. 2,723,271 for AIR HOGS; 2,447,370 for AIR HOGS; and 2,986,817 for AIR HOGS and design) or any mark confusingly similar to the AIR HOGS Trademarks;

f. Using, imitating, copying, duplicating or otherwise commercially exploiting the ZERO GRAVITY Trademark (U.S. Trademark Registration No. 3,210,297) or any mark confusingly similar to the ZERO GRAVITY Trademark;

g. Using, imitating, copying, duplicating or otherwise commercially exploiting the WALL CLIMBER Trademark (U.S. Trademark Registration No. 3,267,725) or any mark confusingly similar to the WALL CLIMBER Trademark;

h. Using, imitating, copying, duplicating or otherwise commercially exploiting the WALL RACER Trademark or any mark confusingly ...


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