United States District Court, C.D. California
Rasheed M. McWilliams, Daniel Cotman, Obi I. Iloputaffe
Cotman IP Law Group, PLC Attorneys for Defendants James R.
Sicilia, CA-WA Corp., 665, Inc., and Curtis A. Thompson
[PROPOSED] PERMANENT
INJUNCTION ORDER
HON.
R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE
WHEREAS
a jury was empaneled and trial proceedings held in the matter
of TSX Toys, Inc. v. 665, Inc., et al. (the
"Action") beginning January 5, 2016;
WHEREAS
Defendants CA-WA Corporation and James Sicilia
("Defendants") are found by this court to hold a
valid copyrights for its "LifeLike Dong with Balls,
" "Sleeve, " "Veinzy, " and
"Matador" works;
WHEREAS
Plaintiffs TSX Toys, Inc. and Tia Loya
("Plaintiffs") have been found by this Court to
infringe on the valid copyright for the "Veinzy"
work and;
WHEREAS
Plaintiffs have been found by this Court to hold invalid
copyrights for their "2 Inch Veinzy Extension, "
and "1.75 Inch Veinzy Extension."
IT IS
HEREBY ORDERED AND DECREED that:
A.
Defendant's CA-WA Corporation and James Sicilia own all
rights, titles and interests to the copyright for
"Veinzy" listed in Exhibit A attached and hereto
incorporated by this reference. The copyright Hsted in
Exhibit A is collectively referred to herein as
"Defendant's Copyright".
B.
Plaintiffs TSX Toys, Inc. and Tia Loya, together with their
principals, affiliates, licensees, manufacturers, partners,
managers, subsidiaries, suppliers, agents, attorneys,
employees, employers, representatives, successors, assigns,
transferees, and all persons acting in concert or
participation with them, or at their direction or within
their control who receive actual notice of the Injunction are
hereby:
1. Restrained and enjoined from knowingly infringing the
Defendant's Copyright, either directly or contributorily,
in any manner, including generally, but not limited to
manufacturing, importing, advertising, offering for sale,
selling, or distributing any unauthorized product which
features the Defendant's Copyright, copies of or
confusingly similar reproduction of the Defendant's
Copyright ("Unauthorized Products") or, hosting
websites that are engaged in the manufacture, import,
advertisement, offer for sale, sale or distribution of
Unauthorized Products;
C.
Plaintiffs shall make good faith requests in writing to all
of their suppliers, domestic distributors, wholesalers
licensees, employers, sub-licensees, assignees, retailers
that they know or have reason to believe received any
products infringing on the "Veinzy" copyright (1)
to cease all advertising, distribution, sale, marketing,
promotion, or other exploitation of the "Veinzy"
copyright (or any confusingly similar variations thereof),
specifically through the sale of Plaintiffs' 1.75 Inch
Veinzy Extension Product and 2 Inch Veinzy Extension Product
(2) to remove all stock using the "Veinzy"
copyright (or any confusingly similar variations thereof)
from any method or manner of distribution and return such
products to TSX Toys, Inc. or Tia Loya, who shall then
deliver them to Defendants for destruction, specifically the
Plaintiffs' 1.75 Inch Veinzy Extension Product and 2 Inch
Veinzy Extension Product and (3) to request in writing that
their respective licensees, sublicensees, assignees,
customers, retailers, and other downstream recipients of the
infringed copyright products comply with the requirements of
parts (1) and (2) of this section C.
D.
Plaintiffs shall provide written notice of this Permanent
Injunction Order (1) to each of their principals, partners,
shareholders, agents, employees, employers, attorneys,
representatives, successors, assigns, licensees, affiliated
entities, and/or all entities under their control, and (2) to
all suppliers, distributors, manufacturers, wholesalers,
licensees, sub-licensees, assignees, retailers, and/or any
other persons or entities in privity or acting in concert
with Plaintiffs that they know or have reason to believe
received the infringed copyright products (or any confusingly
similar variations thereof), as well as to all domestic
retailers and other distributors that Defendants are
requesting in writing that Plaintiffs so notify. Plaintiffs
shall provide a copy of the Permanent Injunction Order as
part of any such notice, which may be transmitted by email.
E.
Within thirty (30) days of the date of entry of this
Permanent Injunction Order, Plaintiffs TSX Toys, Inc. and Tia
Loya shall serve Defendants CA-WA Corporation and James
Sicilia with a report in writing and under oath setting forth
the manner in which they have complied with Section C and D
of this Permanent Injunction Order, by providing (1) a copy
of any notice or communication sent to anyone by Plaintiffs
regarding the Permanent Injunction Order; (2) a list of all
persons and entities to whom such notice or communication was
sent; (3) a list of all persons and entities to which
Plaintiffs have sold their 1.75 Inch Veinzy Extension Product
and 2 Inch Veinzy Extension Product; and (4) turning over all
of the 1.75 Inch Veinzy Extension Product and 2 Inch Veinzy
Extension Products in the possession, custody or control of
Plaintiffs or received for destruction by Plaintiffs as a
result of the notice under this Order.
F. This
Court shall retain, continuing jurisdiction for purposes of
enforcement of the Permanent Injunction Order. Violation of
the Permanent Injunction Order shall expose Plaintiffs and
all other persons bound by ...