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Adobe Systems Inc. v. Appledeals LLC

United States District Court, N.D. California

May 23, 2018

ADOBE SYSTEMS INCORPORATED, a Delaware Corporation. Plaintiff,
v.
APPLEDEALS, LLC, a Georgia Limited Liability Company, PRINCE ARMAH, an Individual; and DOES 1-10, Inclusive, Defendants.

          [PROPOSED] PERMANENT INJUNCTION AND DISMISSAL

          HONORABLE SUSAN ILLSTON United States Senior District Judge

         The Court, pursuant to the Stipulation for Entry of Permanent Injunction and Dismissal ("Stipulation"), between Plaintiff ADOBE SYSTEMS INCORPORATED ("Plaintiff), on the one hand, and Defendants APPLEDEALS, LLC, and PRINCE ARMAH (collectively "Defendants"), in pro se, on the other hand, hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered against Defendants as follows:

         I. PERMANENT INJUNCTION. Defendants and any person or entity acting at their direction, including any and all agents, servants, employees, partners, assignees, distributors, suppliers, resellers and any others over which he 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. copying, manufacturing, importing, exporting, marketing, purchasing, acquiring, offering for sale, selling, distributing or dealing in any product or service that uses, or otherwise making any use of, any unauthorized copies of Plaintiff s trademarks and copyrights, including but not limited to ADOBE®, ACROBAT® and/or CREATIVE SUITE® marks and works (collectively "Plaintiffs Trademarks and Copyrights"), and/or any Intellectual Property that is confusingly or substantially similar to, or that constitutes a colorable imitation of, any of Plaintiffs 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 use of a validly licensed and registered software, of any software containing Plaintiffs Trademarks and Copyrights, including but not limited to ADOBE®, ACROBAT®, and CREATIVE SUITE® 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, purchasing, downloading, selling, offering for sale, distributing or dealing in any product or service that uses, or otherwise making any use of any original equipment manufacturer ("OEM") or educational/academic ("EDU") versions of Plaintiffs software;

         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 s serial activation keys or numbers;

         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 s products that are intended to be sold only outside of the United States of America or Canada;

         f. performing or allowing others employed by or representing them, or under their control, to perform any act or thing which is likely to injure Plaintiff, any of Plaintiffs Trademarks and Copyrights, and/or Plaintiffs business reputation or goodwill;

         g. engaging in any acts of federal and/or state trademark and/or copyright infringement, false designation of origin, unfair competition, dilution, or other act which would damage or injure Plaintiff;

         h. using any Internet domain name or website that includes any of Plaintiffs Trademarks and Copyrights, including but not limited to the ADOBE®, ACROBAT® and CREATIVE SUITE® marks and works; and/or

         i. applying to the Adobe Partner Connection Program or any other authorized reseller or distribution program sponsored or approved by Plaintiff or one of its agents. This prohibition includes any of the Defendants applying to such a program through any other business name or sales platform and/or using the information of any of Defendants' agents, servants, employees, partners, directors, officers, assignees, family members, or any others affiliated with Defendants. Any acceptance or approval by Plaintiff of an application made in violation of this provision shall not be construed as a waiver or modification of this explicit injunctive provision, unless the Parties jointly file a Stipulation with the Court seeking relief from this provision and the Court so orders.

         2. Defendants are ordered to deliver immediately for destruction all unauthorized products, including counterfeit, EDU, OEM, or non-U.S./Canadian-intended versions of Plaintiffs software and related products, serial activation keys and cards, labels, signs, prints, packages, wrappers, receptacles and advertisements relating thereto in their possession or under their control bearing any of Plaintiffs intellectual property or any simulation, reproduction, counterfeit, copy or colorable imitations thereof, to the extent that any of these items are in Defendant's possession.

         3. This Permanent Injunction shall be deemed to have been served upon Defendants at the ...


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