United States District Court, N.D. California, San Francisco Division
AMENDED PERMANENT INJUNCTION AGAINST DEFENDANTS LAST
CHANCE BUYS, INC., AND OLUWATOSIN AJIBOYE; AND DISMISSAL OF
ENTIRE ACTION WITH PREJUDICE
HONORABLE HAYWOOD S. GILLIAM, JR. JUDGE
The
Court, pursuant to the Stipulation for Entry of Permanent
Injunction & Dismissal ("Stipulation") between
Plaintiff ADOBE SYSTEMS INCORPORATED ("Plaintiff"),
on the one hand, and Defendants LAST CHANCE BUYS, INC., and
OLUWATOSIN AJIBOYE a/k/a ZOE AJIBOYE a/k/a ZOE AERIN
("Defendants"), on the other hand, hereby ORDERS,
ADJUDICATES and DECREES that a permanent injunction shall be
and hereby is entered against Defendants as follows:
1.
JURISDICTION.
a. This
case involves Plaintiff's claims of federal Trademark
Infringement arising under 15 United States Code
("U.S.C.") §1114, False Designation of Origin
under 15 U.S.C. §1125(a), Trademark Dilution under 15
U.S.C. §1125(c), federal Copyright Infringement arising
under 17 U.S.C. §501(a), Unfair Business Practices
pursuant to California Business & Professions Code
§17200, and Breach of Contract.
b. The
Court has personal and supplemental jurisdiction over
Plaintiff's claims arising under California statutory and
common law pursuant to 28 U.S.C. §1367 because they are
so related to the federal claims as to form part of the same
case or controversy.
2.
FINDINGS OF FACT.
Plaintiff and Defendants have stipulated to the following
facts, which are hereby adopted by the Court:
a.
Plaintiff Adobe Systems Incorporated is a Delaware
Corporation with its principal place of business in San Jose,
California.
b.
Defendant Last Chance buys, Inc., was a company incorporated
in the State of Florida with its principal place of business
in Los Angeles, California.
c.
Defendant Oluwatosin Ajiboye a/k/a Zoe Ajiboye a/k/a Zoe
Aerin is a resident in Los Angeles, California, and was the
sole shareholder and controlling officer of Defendant Last
Chance Buys, Inc.
d.
Plaintiff is the source of the ADOBE® line of products
and services, including but not limited to ADOBE®-branded
ACROBAT® and CREATIVE SUITE® products and services,
and uses and owns various trademarks, copyrights and other
intellectual property on and in connection with such products
and services, including, among others, its ADOBE® word
and design marks, its ACROBAT® word and design marks, its
CREATIVE SUITE® word and design marks, its copyrights in
and related to its software, websites, text and other works
of authorship, along with various trademark and copyright
applications and registrations therefor in the United States
and abroad (collectively "Plaintiff's Trademarks and
Copyrights").
e.
Consumers and/or purchasers in the United States and
worldwide have come to recognize Plaintiff's Trademarks
and Copyrights, including but not limited to the ADBOE®,
ACROBAT®, and CREATIVE SUITE® marks and works, and
Plaintiff has acquired a valuable reputation and goodwill
among the public as a result of such association. Indeed, the
ADOBE®, ACROBAT® and CREATIVE SUITE® marks are
famous in the United States and worldwide.
f.
Plaintiff has contended that Defendants have distributed and
sold unauthorized ADOBE® software, and related products,
bearing and/or utilizing one or more of Plaintiff's
Trademarks and Copyrights.
g.
Defendants acknowledge and do not contest Plaintiff's
exclusive rights in and to Plaintiff's Trademarks and
Copyrights, including but not limited to the ADOBE®,
ACROBAT® and CREATIVE SUITE® marks and works, and
Plaintiff's exclusive right to distribute products
utilizing Plaintiff's Trademarks and ...