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May Cheong Toy Products Factory Limited., A Hong Kong Private Limited v. Autotec Sales Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 3, 2012

MAY CHEONG TOY PRODUCTS FACTORY LIMITED., A HONG KONG PRIVATE LIMITED COMPANY, AND MAISTO INTERNATIONAL, INC., A CALIFORNIA CORPORATION, PLAINTIFFS,
v.
AUTOTEC SALES INC., A CALIFORNIA CORPORATION, XIN YU ARTS TOYS CO., LTD., A CHINESE LIMITED LIABILITY COMPANY AND DOES 1-10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Audrey B. Collins

[PROPOSED] ORDER (REVISED) RE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

Date: December 3, 2012 Time: 10:00 a.m. Courtroom: 680 Trial Date: None

The Court having reviewed Plaintiffs' Motion for Preliminary Injunction and the declarations and exhibits in support thereof, finds that preliminary injunctive relief is warranted. Plaintiffs' motion is GRANTED and the Court Orders as follows:

1. Defendant Autotec Sales Inc., its officers, agents, employees, and those acting in concert or conspiracy with it, including its customers and suppliers, are hereby enjoined during the pendency of this action from:

(a) infringing, or contributing to or participating in the infringement by others including by inducing infringement, of any of the copyrights named in the Complaint in this case (the "Muscle Machines"), or acting in concert with, aiding and abetting others to infringe any of said copyrights in any way;

(b) manufacturing, copying, duplicating, selling, renting, marketing, leasing, distributing, or otherwise disposing of any unauthorized copies of the Muscle Machines, and in particular any unauthorized copies of the vehicles shown in Exhibits 2-4;

(c) instructing any person, requesting any person, or ordering from any person any copies of the Muscle Machines to be shipped to any person, including the XQ machines identified in Exhibits 2 -4; and

(d) licensing or obtaining a license for any person to make copies of the Muscle Machines to be shipped to any person, including the XQ machines identified in Exhibits 2-4.

2. Defendant shall be required to deliver upon oath, to be impounded during the pendency of this action and maintained in storage until the conclusion of this case, all copies of the Muscle Machines related thereto in its possession, held for delivery to it or under its control, under whatever name of the subject as may have been affixed thereto, which infringe or which may have been used to infringe any of Plaintiffs' copyrights or exclusive rights under copyright.

20121203

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