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Silverlit Toys Manufactory Ltd., A Hong Kong Company, and Spin Master v. Toyrrific

January 12, 2012

SILVERLIT TOYS MANUFACTORY LTD., A HONG KONG COMPANY, AND SPIN MASTER LTD., A CANADIAN CORPORATION, AND STEVEN DAVIS, AN INDIVIDUAL, PLAINTIFFS,
v.
TOYRRIFIC, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; WORLD TRADING 23, INC., A CALIFORNIA CORPORATION; WORLDTRADING23.COM ; TOY RAPTOR, INC., A CALIFORNIA CORPORATION; WORLD TECH TOYS, INC., A CALIFORNIA CORPORATION; HOBBYTRON.COM ; RC HELI KING, FORM UNKNOWN; RCHELIKING.COM; AND KEVORK KOUYOUMJIAN, AN INDIVIDUAL, DEFENDANTS.



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

AND RELATED COUNTERCLAIMS

PERMANENT INJUNCTION AND DISMISSAL

[Stipulation for Entry of Permanent Injunction Filed Concurrently Herewith]

Having considered the Stipulation for Entry of Permanent Injunction submitted by Plaintiffs Silverlit Toys Manufactory Ltd., Spin Master Ltd., and Steven Davis (collectively, "Plaintiffs"), and Defendants Toyrrific, LLC; World Trading 23, Inc.; Worldtrading23.com; Toy Raptor, Inc.; World Tech Toys, Inc.; Hobbytron.com; RC Heli King; rcheliking.com; and Kevork Kouyoumjian (collectively, "Defendants"):

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

1. Defendants, their successors, assigns, owners, principals, partners, shareholders, officers, directors, agents, servants, employees, and any and all persons acting in concert or participation with Defendants 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 Space Spider as depicted in Exhibit 1, or any other toy cars that are a copy of, or that are substantially similar to, the car protected bythe Car Copyright (U.S. Copyright Registration No. VA 1-645-947);

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, including but not limited to, the Space Spider as depicted in Exhibit 1;

c. Using, imitating, copying, duplicating or otherwise commercially exploiting the ZERO GRAVITY Trademark (U.S. Trademark Registration No. 3,210,297), including but not limited to, the sale and/or offer of sale of the Zero Gravity Hummer RC Wall Climber Electric Truck (ZX-33002) (hereafter the "Zero Gravity Hummer"), as depicted in Exhibit 2, or any mark confusingly similar to the ZERO GRAVITY Trademark,

d. Using, imitating, copying, duplicating or otherwise commercially exploiting the WALL CLIMBER Trademark (U.S. Trademark Registration No. 3,267,725), including but not limited to, the sale and/or offer of sale of the Zero Gravity Hummer RC Wall Climber Electric Truck (ZX-33002) or the Thunder Wall Climber RC Stunt Car (ZX-HT-33005) (hereafter the "Thunder Wall Climber"), as depicted in Exhibits 2-3, or any mark confusingly similar to the WALL CLIMBER Trademark;

e. Making, using, selling, offering for sale, importing into the United States, marketing, reproducing, distributing, receiving, forwarding, shipping, displaying (on websites otherwise), or in any way commercially exploiting the Accused Helicopters, as depicted in Exhibits 4-36, or any other toy helicopters that infringe one or more claims of the '168, and/or '984 Patents;

f. 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;

g. Using, imitating, copying, duplicating or otherwise commercially exploiting the HAVOC HELI Trademark (U.S. Trademark Registration No. 3,518,868), or any mark confusingly similar to the HAVOC Trademark;

h. Using, imitating, copying, duplicating or otherwise commercially exploiting the SPIN MASTER Trademark (U.S. Trademark Registration No. 2,944,406), or any mark ...


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