United States District Court, N.D. California, San Francisco
J. Andrew Coombs Annie S. Wang J. Andrew Coombs, A P.C. Glendale, California Attorneys for Plaintiff Adobe Systems Incorporated
George A. Shohet Law Offices of George A. Shohet A Professional Corporation Venice, California Attorneys for Defendants Elite Business Group, LLC and Madhu Maredu, an individual and d/b/a www.softwaresupplygroup.com and www.productquest.net
PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE
CHARLES R. BREYER, District Judge.
The Court, having read and considered the Joint Stipulation for Permanent Injunction and Dismissal with Prejudice that has been executed by Plaintiff Adobe Systems Incorporated ("Plaintiff") and Defendants Elite Business Group, LLC and Madhu Maredu, an individual and d/b/a www.softwaresupplygroup.com and www.productquest.net (collectively "Defendants") in this action, and good cause appearing therefore, hereby:
ORDERS that based on the Parties' stipulation and only as to Defendants, their 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 Defendants.
2) Plaintiff alleges that it 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 alleged that Defendants made unauthorized uses of Plaintiff's Properties or substantially similar likenesses or colorable imitations thereof.
4) Defendants and their agents, servants, employees and all persons in active concert and participation with them who receive actual notice of the Injunction are hereby restrained and enjoined from advertising, offering to sell, distributing, selling, or otherwise dealing in any Adobe academic or educational licensed software, original equipment manufacturer ("OEM") licensed software, downloads, or product licensed for use only in foreign territories.
5) Each side shall bear its own fees and costs of suit.
6) Except as provided herein, all claims alleged in the Complaint against Defendants are dismissed with prejudice.
7) This Injunction shall be deemed to have been served upon Defendants at the time of its execution by the Court.
8) 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 Defendants.
9) The Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement ...