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Adobe Systems Inc. v. A & S Electronics, Inc.

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

February 21, 2017

ADOBE SYSTEMS INCORPORATED, a Delaware Corporation, Plaintiff,
v.
A & S ELECTRONICS, INC., a California Corporation d/b/a TRUSTPRICE; SPOT.ME PRODUCTS LLC, a Nevada Limited Liability Company; ALAN Z. LIN, an Individual; BUDGET COMPUTER, a business entity of unknown status; COMPUTECHSALE, LLC, a New Jersey Limited Liability Company; EXPRESSCOMM INTERNATIONAL INC., a California Corporation; FAIRTRADE CORPORATION, a business entity of unknown status, FCO ELECTRONICS, a business entity of unknown status; ITR CONSULTING GROUP, LLC, a Texas Limited Liability Company; RELIABLE BUSINESS PARTNER, INC., a New York Corporation; LESTER WIEGERS, an individual doing business as ULTRAELECTRONICS; and DOES 1-10, Inclusive, Defendants.

          [PROPOSED] PERMANENT INJUNCTION AGAINST DEFENDANT COMPUTECHSALE, LLC, AND DISMISSAL OF DEFENDANT COMPUTECHSALE, LLC

          HONORABLE JON S. TIGAR United States District 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 Defendant COMPUTECHSALE, LLC, (“COMPUTECHSALE”), on the other hand, hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered against COMPUTECHSALE as follows:

         1. PERMANENT INJUNCTION. COMPUTECHSALE and any person or entity acting in concert with, or at its direction, including any and all agents, servants, employees, partners, assignees, distributors, suppliers, resellers and any others over which it may exercise control, are hereby restrained and enjoined, pursuant to 15 United States Code (“U.S.C.”) §1116(a) and 17 U.S.C. §502, from engaging in, directly or indirectly, or authorizing or assisting any third party to engage in, any of the following activities in the United States and throughout the world:

         a. importing, exporting, marketing, selling, offering for sale, distributing or dealing in any product or service that uses, or otherwise making any use of, any of Plaintiff's trademarks (a list of which is attached hereto as Exhibit A) and copyrights (a list of which is attached hereto as Exhibit B) (hereinafter “Plaintiff's Trademarks and Copyrights”), and/or any intellectual property that is confusingly or substantially similar to, or that constitutes a colorable imitation of, any of Plaintiff's Trademarks and Copyrights, whether such use is as, on, in or in connection with any trademark, service mark, trade name, logo, design, Internet use, website, domain name, metatags, advertising, promotions, solicitations, commercial exploitation, television, web-based or any other program, or any product or service, or otherwise;

         b. copying or downloading, other than for personal or business use of a validly licensed and registered software, of any software containing Plaintiff's Trademarks and Copyrights, including but not limited to ADOBE®, CREATIVE SUITE® and ACROBAT® marks and works, and/or any intellectual property that is confusingly or substantially similar to, or that constitutes a colorable imitation of, any of Plaintiff's Trademarks and Copyrights;

         c. importing, exporting, marketing, selling, offering for sale, distributing dealing in any ADOBE®'s original equipment manufacture (“OEM”), international, an education or academic version products;

         d. importing, exporting, marketing, purchasing, downloading, selling offering for sale, distributing or dealing in any product or service that uses, or otherwise making any use of any of Plaintiff ADOBE®'s serial activation keys or numbers, other than for person or business use;

         e. importing, exporting, marketing, purchasing, downloading, selling offering for sale, distributing or dealing in any product or service that uses, or otherwise making any use of any of Plaintiff ADOBE®'s products that are intended to be sold only outside of the United States of America;

         f. registering any Internet domain name or website that includes any Plaintiff's Trademarks and Copyrights, including but not limited to the ADOBE®, CREATIV SUITE®, and ACROBAT® marks and works; and

         g. performing or allowing others employed by or representing him, or under his control, to perform any act or thing which is likely to injure Plaintiff, any of Plaintiff Trademarks and Copyrights, including but not limited to ADOBE®, CREATIVE SUITE® an ACROBAT® marks and works, and/or Plaintiff's business reputation or goodwill, including making disparaging, negative, or critical comments regarding Plaintiff or its products.

         2. Only if COMPUTECHSALE possesses any of the following COMPUTECHSALE ordered to deliver immediately to Adobe for destruction all ADOBE software products, serial activation keys, and related products in its possession, and any label signs, prints, packages, wrappers, receptacles and advertisements relating thereto in its possession or under its control bearing any of Plaintiff's intellectual property or any simulation, reproduction, counterfeit, copy or colorable imitations thereof, to the extent that any of these items are in COMPUTECHSALE's possession, other than such products that are for personal business use and validly licensed and registered.

         3. This Permanent Injunction shall be deemed to have been served upon COMPUTECHSALE at the time of its execution by the Court, and solely COMPUTECHSALE shall be dismissed from this action, with prejudice, upon entry of this Permanent Injunction.

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

         5. NO APPEALS AND CONTINUING JURISDICTION. No appeals shall be taken from this Permanent Injunction, and the parties waive all rights to an appeal thereof. This Court expressly retains jurisdiction over this matter ...


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