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Devry/Becker Educational Development Corporation v. Giuseppe Fornaro and Does 1-10

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 26, 2012

DEVRY/BECKER EDUCATIONAL DEVELOPMENT CORPORATION, PLAINTIFF,
v.
GIUSEPPE FORNARO AND DOES 1-10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. John F. Walter United States District Judge

PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE

NOTE: CHANGES MADE BY THE COURT

The Court, having read and considered the Joint Stipulation for Permanent Injunction and Dismissal with Prejudice that has been executed by Plaintiff DeVry/Becker Educational Development Corporation ("Plaintiff") and Defendant Giuseppe Fornaro ("Defendant"), in this action, and good cause appearing therefore, hereby:

ORDERS that based on the Parties' stipulation and only as to Defendant, his successors, heirs, and assignees, this Injunction shall be and is hereby entered in the within action as follows:

1) This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 17 U.S.C. § 101 et seq., 15 U.S.C. § 1051, et seq., 15 U.S.C. § 1121, and 28 U.S.C. §§ 1331 and 1338. Service of process was properly made against Defendant.

2) Plaintiff is the owner of all rights in and to the copyright and trademark registrations listed in Exhibits A and B attached hereto and incorporated herein by this reference (collectively referred to herein as "Plaintiff's Properties").

3) Plaintiff has alleged that Defendant has made unauthorized uses of Plaintiff's Properties or substantially similar likenesses or colorable imitations thereof.

4) Defendant and his agents, servants, employees and all persons in active concert and participation with him who receive actual notice of the Injunction are hereby restrained and enjoined from:

a) Infringing Plaintiff's Properties, either directly or contributorily, in any manner, including generally, but not limited to manufacturing, importing, distributing, advertising, selling and/or offering for sale any unauthorized product which features any of Plaintiff's Properties, including, but not limited to, any product sold outside specified channels or in a manner which violates the terms of Plaintiff's distribution restrictions or terms of use (collectively "Unauthorized Products"), and, specifically from:

i) Importing, manufacturing, distributing, advertising, selling and/or offering for sale the Unauthorized Products or any other unauthorized products which picture, reproduce, copy or use the likenesses of or bear a substantial similarity to any of Plaintiff's Properties;

ii) Importing, manufacturing, distributing, advertising, selling and/or offering for sale in connection thereto any unauthorized promotional materials, labels, packaging or containers which picture, reproduce, copy or use the likenesses of or bear a confusing similarity to any of Plaintiff's Properties;

iii) Engaging in any conduct that tends falsely to represent that, or is likely to confuse, mislead or deceive purchasers, Defendant's customers and/or members of the public to believe, the actions of Defendant, the products sold by Defendant, or Defendant himself is connected with Plaintiff, is sponsored, approved or licensed by Plaintiff, or is affiliated with Plaintiff;

iv) Affixing, applying, annexing or using in connection with the importation, manufacture, distribution, advertising, sale and/or offer for sale or other use of any goods or services, a false description or representation, including words or other symbols, tending to falsely describe or represent such goods as being those of Plaintiff.

5) Each side shall bear its own fees and costs of suit.

6) Except as provided herein, all claims alleged in the Complaint against Defendant are dismissed with prejudice.

7) The Court finds there is no just reason for delay in entering this Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Injunction against Defendant.

IT IS SO ORDERED.

EXHIBIT A COPYRIGHT REGISTRATIONS

Copyright Registration No. Copyright

TITLE OF WORK (TX form #): Claimant DeVry/Becker Becker Professional Education CPA Exam Review Financial 2012 Edition Educational Development Corp. Application Pending DeVry/Becker

Becker Professional Education CPA Exam Review Auditing 2012 Edition TX0007490244 Educational Development Corp. DeVry/Becker Becker Professional Education CPA Exam Review Regulation 2012 Edition TX0007492083 Educational Development Corp. DeVry/Becker

Becker Professional Education CPA Exam Review Business 2012 Edition TX0007490738 Educational Development Corp.

DeVry/Becker

Becker Professional Education CPA Exam Review First Classes 2012 Edition TX0007491984

Educational Development Corp.

Becker Professional Education CPA Exam Review Financial PassMaster Data Disc for International Students 2012 Edition TX0007503877

DeVry/Becker

Educational Development Corp.

Becker Professional Education CPA Exam Review Auditing PassMaster Data Disc for International Students 2012 Edition TX0007489629

DeVry/Becker

Educational Development Corp.

Becker Professional Education CPA Exam Review Regulation PassMaster Data Disc for International Students 2012 Edition TX0007547624

DeVry/Becker

Educational Development Corp.

Becker Professional Education CPA Exam Review Business PassMaster Data Disc for International Students 2012 Edition

DeVry/Becker

Application

Educational Development Corp.

Pending

Becker Professional Education CPA Exam Review Financial Final Review Notes and Disc 2012 Edition [Textbook]

DeVry/Becker

Application

Educational Development Corp.

Pending

Becker Professional Education CPA Exam Review Auditing Final Review Notes and Disc 2012 Edition [Textbook] TX0007491993

DeVry/Becker

Educational Development Corp.

DeVry/Becker

Becker Professional Education CPA Exam Review Regulation Final Review Notes and Disc 2012 Edition [Textbook]

Application

Educational Development Corp.

Pending

Becker Professional Education CPA Exam Review Business Final Review Notes and Disc 2012 Edition [Textbook] TX0007489151 DeVry/Becker Educational Development Corp. Becker Professional Education CPA Exam Review StartUp Disc Final Review Single Activation 2012 Edition DeVry/Becker Application Educational Development Corp. Pending DeVry/Becker Becker Professional Education CPA Exam Review Flashcards 2012 Edition TX0007504085 Educational Development Corp. DeVry/Becker Becker Professional Education Financial 1 Instructor J-Notes 2012 Edition TX0007507997 Educational Development Corp. Becker Professional Education CPA Exam Review Instructor Version Financial 2012 Edition TX0007490267 DeVry/Becker Educational Development Corp. Becker Professional Education CPA Exam Review Instructor Version Auditing 2012 Edition TX0007491995 DeVry/Becker Educational Development Corp. DeVry/Becker Becker Professional Education CPA Exam Review Instructor Version Regulation 2012 Edition TX0007490581 Educational Development Corp. Becker Professional Education CPA Exam Review Instructor Version Business 2012 Edition TX0007488360 DeVry/Becker Educational Development Corp. Becker Professional Education CPA Exam Review 2011 Edition Final Review Startup Disc, et al. TX0007408811 DeVry/Becker Educational Development Corp. Becker Professional Education CPA Exam Review 2011 Edition Financial, et al. TX0007411045 DeVry/Becker Educational Development Corp. DeVry/Becker Becker Professional Education CPA Exam Review Auditing 2012 Edition. TX0007490244 Educational Development Corp. Becker Professional Education CPA Exam Review 2011 Edition Flashcards CPA Review. TX0007421717 DeVry/Becker Educational Development Corp. DeVry/Becker Becker Professional Education CPA Exam Review 2011 Edition First Classes. TX0007420245 Educational Development Corp. DeVry/Becker Becker CPA Review 2009 Lecture Notes Business. TX0007355913 Educational Development Corp.

EXHIBIT B TRADEMARK REGISTRATIONS

Registration

No.: Trademark: Owner:

3823222 Becker Navigator DeVry/Becker Educational Development Corp. 3792821 The Becker Promise DeVry/Becker Educational Development Corp. 3797392 DeVry/Becker Educational Development Corp. DeVry/Becker Educational Development Corp. 3804616 3797284 Becker Professional Education DeVry/Becker Educational Development Corp. 3602482 Fastpass DeVry/Becker Educational Development Corp. 3601875 Becker Fastpass DeVry/Becker Educational Development Corp. 2752526 Stalla DeVry/Becker Educational Development Corp. 3514613 Passmaster DeVry/Becker Educational Development Corp. 3275703 Succeed With The System DeVry/Becker Educational Development Corp. 2975330 Person/Wolinsky CPA Review Courses DeVry/Becker Educational Development Corp. 3105549 Person/Wolinsky CPA DeVry/Becker Educational Development Corp. 2498764 Becker DeVry/Becker Educational Development Corp. 2324384 Prepare To Succeed DeVry/Becker Educational Development Corp. 2210555 Passmaster DeVry/Becker Educational Development Corp. 2156555 Becker CPA Review DeVry/Becker Educational Development Corp. 2160247 Becker DeVry/Becker Educational Development Corp.

20121226

© 1992-2012 VersusLaw Inc.



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