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The Sunrider Corporation, Dba Sunrider International, A Utah Corporation v. Bountiful Biotech Corp.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 29, 2011

THE SUNRIDER CORPORATION, DBA SUNRIDER INTERNATIONAL, A UTAH CORPORATION,
SUNRIDER TAIWAN, INC., A DELAWARE CORPORATION, AND SUNRIDER MANUFACTURING, L.P., A CALIFORNIA LIMITED PARTNERSHIP, PLAINTIFFS,
v.
BOUNTIFUL BIOTECH CORP., A CALIFORNIA CORPORATION,
BOUNTIFUL NATURAL HEALING, INC., A CALIFORNIA CORPORATION,
KING SHOP INTERNATIONAL, INC., A CALIFORNIA CORPORATION,
STEVE S. LEE, AN INDIVIDUAL, SHUN SHENG CHEN AKA SAM CHEN, AN INDIVIDUAL,
BOUNTIFUL HEALTHCARE TECHNOLOGY CORP., BUSINESS FORM UNKNOWN, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: United States District Judge Judge David O. Carter

[PROPOSED] JUDGMENT AGAINST DEFENDANTS BOUNTIFUL HEALTHCARE TECHNOLOGY CORP. AND SHUN SHENG CHEN aka SAM CHEN AND RELATED COUNTERCLAIMS.

Complaint filed: November 24, 2008

Having considered the Application for Default Judgment Against Defendant Bountiful Healthcare Technology Corp. and Shun Sheng Chen aka Sam Chen submitted by plaintiffs The Sunrider Corporation, dba Sunrider International, Sunrider Taiwan, Inc., and Sunrider Manufacturing, L.P. ("Plaintiffs"), and default having been entered against defendants Shun Sheng Chen ("Chen") and Bountiful Healthcare Technology Corp. ("BHTC"), the court hereby enters judgment against Chen and BHTC in the amount of $1,527,581.30 as follows:

1. Chen and BHTC shall be jointly and severally liable for compensatory damages in the amount of $656,053.00, reflecting Plaintiffs' damages resulting from their trademark infringement, false designation of origin, dilution, misappropriation of trade secrets, unfair competition, defamation, trade disparagement, tortious interference with contract and tortious interference with prospective economic advantage.

2. Chen and BHTC shall be liable for Plaintiffs' reasonable attorneys' fees in the amount of $271,528.30, for fees incurred in connection with Plaintiffs' claims for trademark infringement, copyright infringement and misappropriation of trade secrets.

3. Chen and BHTC shall be jointly and severally liable for punitive damages awarded to Plaintiffs in the amount of $600,000.00. In addition to the foregoing, Chen shall be liable to Plaintiffs for statutory copyright damages in the amount of $15,000.00.

IT IS SO ORDERED.

20110329

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