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Adobe Systems Inc. v. Last Chance Buys, Inc.

United States District Court, N.D. California, San Francisco Division

July 8, 2016

ADOBE SYSTEMS INCORPORATED, a Delaware Corporation, Plaintiff,
v.
LAST CHANCE BUYS, INC., a Florida Corporation; OLUWATOSIN AJIBOYE a/k/a ZOE AJIBOYE a/k/a ZOE AERIN, an Individual; and DOES 1-10, Inclusive, Defendants.

          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 ...


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